Introduction: Why Does the Law Need to Change?

Imagine if we still used laws from 200 years ago to deal with the internet or modern medicine! The law isn't a "set and forget" system. To stay fair and relevant, English law must constantly grow and adapt. This process is called law reform.

In this chapter, we will look at the five main groups that influence the government to change the law. Each group has its own strengths and weaknesses. Don't worry if it seems like a lot to remember—we’ll break it down into simple categories: Political Parties, Pressure Groups, Law Reform Agencies, Judges, and the Media.

1. Political Parties

Before a general election, each political party publishes a manifesto. This is a list of all the laws they promise to introduce or change if they are elected. When a party wins, they claim a mandate (a right given by the people) to carry out these changes.

Advantages (Successes)
  • Efficiency: Because the winning party usually has a majority in the House of Commons, they can pass their proposed laws relatively quickly.
  • Certainty: Since the plans are written in a manifesto, the public knows exactly what to expect before the election happens.
Disadvantages
  • Short-termism: Governments are only elected for five years. They might focus on "popular" laws to get re-elected rather than complex, long-term reforms that the country actually needs.
  • Political Bias: A party might ignore good reform ideas simply because the idea came from an opposing political party.

2. Pressure Groups

Pressure groups are organizations that try to influence the law on specific issues. There are two main types:

  1. Sectional Groups: These represent a specific group of people (e.g., the Law Society represents solicitors).
  2. Cause Groups: These promote a specific belief or goal (e.g., environmental groups or animal rights groups).
Advantages (Successes)
  • Expertise: Many pressure groups have deep, specialized knowledge about their topic, which they can share with the government to make laws more effective.
  • Representing Minorities: They give a voice to people who might be ignored by the big political parties.
Disadvantages
  • Biased Interests: A pressure group only cares about its own cause. This might lead to "one-sided" law reform that ignores the needs of the rest of society.
  • Tactics: Some groups use disruptive or illegal tactics to get attention, which can lead to "knee-jerk" legislation that isn't well-thought-out.

Quick Tip: Think of a pressure group like a loud megaphone. It helps a small group of people be heard by the people in power!

3. Law Reform Agencies (The Law Commission)

The Law Commission is the most important official agency. It is a permanent, independent body made up of legal experts (judges and lawyers). Their job is to research areas of law that are "broken" or confusing and suggest how to fix them.

They focus on three main tasks:

  • Codification: Bringing all the law on one topic into one single Act of Parliament.
  • Consolidation: Combining several different Acts into one to make the law easier to find.
  • Repeal: Getting rid of old, useless laws that are no longer needed.
Advantages (Successes)
  • Independent and Objective: They are not politicians, so their suggestions are based on fairness and logic, not on winning votes.
  • High Expertise: Because they are top-tier legal professionals, their proposed reforms are usually very high quality and technically accurate.
Disadvantages
  • Parliament can ignore them: The Law Commission can only suggest changes. Parliament is often too busy with political issues to actually pass the Law Commission’s technical bills.
  • Slow Process: Because they research so thoroughly, it can take years for a project to be finished.

4. Judges

While Parliament makes the majority of laws, judges also influence law reform through judicial law-making. This happens when a judge makes a decision in a court case that sets a precedent for future cases.

Advantages (Successes)
  • Dealing with Real Life: Judges reform the law when a real problem appears in court. This means the reform is practical and solves an immediate issue.
  • Filling Gaps: If Parliament hasn't made a law on a specific new problem, judges can step in and decide the rule.
Disadvantages
  • Undemocratic: Judges are not elected. Some people argue that only elected politicians should have the power to change the law.
  • Retrospective: A judge’s decision changes the law after the event has happened. This can be seen as unfair to the person involved in the case who didn't know the rule would change.

5. The Media

The "media" includes newspapers, television news, and social media. They influence law reform by bringing public attention to problems or "scandals."

Advantages (Successes)
  • Public Awareness: The media can educate millions of people about a legal injustice, putting massive pressure on the government to act.
  • Speed: A massive media campaign can force the government to change the law much faster than a law reform agency could.
Disadvantages
  • Sensationalism: Newspapers often "hype up" stories to sell more copies. This can lead to panic-driven laws that are poorly drafted.
  • Bias: Media owners may have their own political agendas and might only campaign for laws that benefit them or their business interests.

Did you know? Sometimes a single newspaper campaign can lead to a brand new Act of Parliament in just a few months!

Summary Table: Quick Review

Use this table to quickly compare the influences for your revision:

Influence Main Advantage Main Disadvantage
Political Parties Efficiency (Majority in Parliament) Focus on short-term popularity
Pressure Groups Provide specialized expert knowledge Can be biased or use extreme tactics
Law Commission Independent and non-political Parliament often ignores their reports
Judges Can fix practical gaps in the law Undemocratic (Not elected)
The Media Voices public concern quickly Can lead to "knee-jerk" legislation

Common Mistakes to Avoid

  • Mixing up the Law Commission and Parliament: Remember, the Law Commission suggests; Parliament decides.
  • Assuming all Pressure Groups are the same: Always distinguish between Sectional (protecting members) and Cause (promoting a goal) groups in your exam answers.
  • Forgetting the "Disadvantages": Exam questions often ask you to evaluate or assess. This means you must talk about the downsides, not just how the groups help.

Note: For more on how these reforms become official, see the chapter on "Stages in the creation of an Act of Parliament."