Karteikarten
law reform
Karten in diesem Stapel (12)
- 1why do we need to reform the law ?- allows for development of the law.
- remove / repeal out of date statutes.
- consolidation or related acts.
-codification of all law on related topics. - 2how can parliament influence law reforms ?during the queens speach the Government announces it plans for the new year.
this is written by the PM and other senior ministers.
a lot of time has to be given to budgets.
the time left for ' pure ' law reform is limited. - 3how can public opinion influence law reform?where there is a strong public opinion about a change of law the government may bow down to this.This is more likely during the end of a Government term.
media also plays a large role in bringing public opinion to the governments attention. - 4who can judges influence public opinion?when deciding law on cases they may sometimes create a new point and make law.
this has created rape within marriage.
the HOL can use the practise statement to alter law.
judges only create / reform law in limited cases. - 5how can pressure groups influence public opinion ?hunting act 2004.
sometimes they will capmaign against a proposed law this was shown when the government tried to restrict the right to trial
pressure groups can also disagree amongst themselves - the legue against cruel sports wanted to ban fox huntingwhere as the countryside alliance wanted it allowed.
lobbying can also occur - some try to persuade parliament members to support their cause which may persuade MPs to ask questions in Parliament e.g. private members bills. - 6what is the composition of the law commision ?established in 1965 by the law commision act.
-chairman ( high cour / appeal court judge)
- + 4 other commisioners ( judges , barristers , solicitors or teachers of law)
- appointed by lord chancellor and secretary of state for justice for up to 5 years.
also support staff who assist with the research that the commission carries out aswell as two parliamentary draftsmen. - 7how does the law commision operate ?- referred = by lord chancellor on behalf of government or it may select areas to reform and seek government approval.
- research = publishes its findings in a consultation paper which asks for views on possible reforms. this will ; describe the current law , set out the problems with the current law and look at options to reform.
- response = suggestions presented in a final report which will set out the research.There will usually a draft bill attatched to show how the new bill should look.
if parliament like the suggested reform it will become a law. - 8what is a repeal ?still old and ridiculous statues in the law which are no longer enforded.
the law commision prepares a statue law bill for parliament to pss to remove these out - of - date laws.
more then 2,500 have been completley repealed due to this.
this makes the law more accesible. - 9what is consolidation ?produces approx 5 a year.
this is used to bring all the provisions on one area of law contained in multiple acts into one new act making the law more tidy and accesible.
e.g. family law act 1996 - 10what is codification ?brining al the law on one topic into one sourse.
this includes legislation and common law.
originally it annouced to codify family law , contract law and law of evidence.
this has slowly been abandones.
e.g. the draft criminal code 1985 - 11what are the advantages of the law commision ?- initial reports = first 20 became law within 2 years , 70/100 passed , 1965-1975 85% of proposals became law.
- codification and consolidation = 5 consolidated , codification small sections making law more consistent.
- recent reforms = 1980-2010 law commision has improved success rate e.g. coroners and justice act 2009
- quicker implentation = fast - track system for technical bills between 1994-95. - 12what are the disadvantages of the law commision ?- reduced implentation = 1975-85 only 50% became law and 1990 0 became law.
- limited parliamentary time = changes to offences against the person act were suggested 20 years ago , lack of time given to complicated areas of law.
- lack of codification = BIGGEST FAILURE , 2008 commision abandoned criminal codes so criminal law is not accesible.
- staffing , budgetary and time constraints = limited number of staff restricts work which can be done , £4 million a year for only full time law reform body , lack of resources means less efficient work.
Informationen
- Beschreibung
- Karteikarten am law reform, erstellt von mia mosley-smith am 18/05/2016.
- Erstellt von
- mia mosley-smith
- Aufrufe
- 5
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