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INFLUENCES ON LAW MAKING - Coggle Diagram
INFLUENCES ON LAW MAKING
Influences on law making
Political
When a government is formed it will have a programme of reforms it wishes to carry out, these are set out in a party manifesto
Human Rights Act 1998- fulfilled a labour manifesto commitment to incorporate the European Convention on Human Rights into UK law
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Law commission
Role of law commission is to systematically keep all English law under review and recommend reform where it is needed
Law commission consists of a chair who is either a High Court or an Appeal Court judge and four other commissioners who are experienced judges, barristers, solicitors or academics
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Codification- brings together all the law on one topic into one complete code of law to make the law simpler and easier to find
Law commission
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Law commission researches the area of law to identify its problems. It may approach specialists in the area and/or look at how other legal systems deal with similar problems
A consultation paper is published seeking views on possible ideas for reform. The paper will set out in detail the existing law and its problems, giving arguments for and against the possible solutions and inviting comments
The Law Commission analyses the responses to the consultation which may help to develop and refine its thinking. A report is presented giving its final recommendation and proposals for reform
Evaluation
Political
Advantages- each political party has its proposals known and ready if elected and a government majority means most of the laws it introduces will be passed
Disadvantages- new governments may repeal or alter laws made by previous government and the may be difficult for minority or coalition governments to fulfil manifesto promises- leads to compromises
Public opinion
Advantages- where majority of the public has certain beliefs, then Parliament can safely pass law on that issue and free press able to criticise government policy or bring issues to attention of the government using public opinion
Disadvantages- gauging public opinion s notoriously difficult, responding too quickly to high profile incidents can lead to poorly drafted law and the media can be accused of manipulating news and creating public opinion "moral panics"
Pressure groups
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Disadvantages- try to impose their ideas on the majority and pressure groups may have conflicting interests
Lobbyists
Advantages- can represent and present interests direct to government ministers or departments, anyone can lobby their MP
Disadvantages- professional lobbyists are expensive and may only represent those citizens or groups who can afford to pay for their services
Law commission
Advantages- law commission are legal experts, more than 2/3 of proposals are successful
Disadvantages- some reforms may never be implemented due to lack of political will and lack of parliamentary time to discuss technical law reform