Welcome to Law Reform!
Ever wondered why some laws seem a bit "old-fashioned" while others change overnight? In this chapter, we explore Law Reform—the process of changing and improving the law. This is a vital part of the Law Making section of your OCR A Level course. We’ll look at how different groups influence Parliament and how an official body called the Law Commission works to keep our legal system fresh and fair.
Don't worry if this seems like a lot to take in at first! Think of law reform like updating the software on your phone: sometimes it’s a small bug fix (a minor change), and sometimes it’s a whole new operating system (a major new Act of Parliament).
1. Influences on Parliament
Parliament doesn't just wake up and decide to make a law for no reason. Usually, someone or something has "nudged" them. Here are the five main influences you need to know:
A. Political Influences
Before an election, political parties publish a Manifesto. This is a list of promises they intend to turn into law if they win. Example: The 1945 Labour Government's manifesto led to the creation of the National Health Service (NHS).
Quick Review: - Advantage: It’s democratic because people voted for these ideas. - Disadvantage: If a party has a small majority, they might struggle to pass their promised laws.
B. Public Opinion and the Media
When the public feels strongly about an issue, Parliament listens—especially close to an election! The Media (newspapers, TV, and social media) plays a huge role in "ramping up" this pressure. Example: Following the tragic Dunblane massacre, public outcry and media campaigns led to the Firearms (Amendment) Act 1997, which banned most private handguns.
Did you know? Sometimes the media creates a "knee-jerk reaction," leading to laws being passed too quickly, like the Dangerous Dogs Act 1991, which many lawyers think was poorly written.
C. Pressure Groups
These are groups of people who share a common interest and want to change the law. There are two types: - Sectional Groups: Represent a specific group of people (e.g., the British Medical Association for doctors). - Cause Groups: Promote a specific "cause" (e.g., Greenpeace or Amnesty International).
D. Lobbyists
Lobbyists are professional "persuaders." They are often paid by big companies or charities to meet with Members of Parliament (MPs) in the hallways (lobbies) of Parliament to convince them to support a certain cause.
Common Mistake to Avoid: Don't confuse Pressure Groups with Lobbyists. A Pressure Group is the organization (like a club), while a Lobbyist is often the individual professional hired to do the talking.
2. The Law Commission
While the influences above are often "political," the Law Commission is the "professional" side of law reform. It was set up by the Law Commissions Act 1965.
Who are they?
They are an independent, full-time body consisting of a Chairman (a High Court Judge) and four other Law Commissioners (top lawyers or academic researchers). Because they are independent, they aren't biased toward any political party.
What do they do? (The "CCRR" Mnemonic)
To remember their four main roles, just think CCRR: 1. Codification: Bringing all the law on one topic (like theft) into one simple "Code" or Act. 2. Consolidation: Taking several different Acts of Parliament on the same subject and combining them into one single Act. 3. Repeal: Identifying old laws that are no longer needed and getting rid of them (like an old law saying you must practice archery on Sundays!). 4. Reform: Suggesting brand new changes to the law to make it more modern.
How do they do it? (The Step-by-Step Process)
1. Research: They study an area of law that is confusing or out-of-date. 2. Consultation Paper: They publish a document asking for views from the public, lawyers, and experts. 3. Final Report: They publish their final ideas for reform. 4. Draft Bill: Crucially, they usually include a "ready-made" law (a Draft Bill) for Parliament to use. 5. Parliament: It is then up to Parliament to decide whether to vote it into law.
Takeaway: The Law Commission is like the "architect" of law—they draw the plans, but Parliament is the "builder" who decides whether to actually build it.
3. Evaluation: Pros and Cons
In your exam, you may be asked to evaluate these influences. Here is a simple breakdown:
Evaluation of the Law Commission
Advantages: - Expertise: Laws are researched by the best legal minds, not just politicians. - Independent: They aren't trying to win votes; they just want the law to work better. - Consultation: They listen to the public and experts before making a final report.
Disadvantages: - Slow: Because they are so thorough, it can take years to produce a report. - Ignored: Parliament doesn't have to listen to them. About 1/3 of their reports are never turned into law because Parliament is too busy with other things.
Evaluation of Pressure Groups & Media
Advantages: - They bring specialist knowledge to Parliament’s attention. - They give a voice to minorities who might otherwise be ignored.
Disadvantages: - Biased: They only show one side of the story. - "Loudest wins": Sometimes a small group with lots of money or media attention gets their way, even if the majority of the public disagrees.
Quick Review Box
Key Terms to Remember: - Manifesto: A political party's "to-do list" before an election. - Repeal: To officially cancel an old law. - Consolidation: Tidying up several laws into one. - Draft Bill: A proposed law written by the Law Commission. - Lobbying: Trying to persuade MPs to support your cause.
Summary Takeaway: Law reform is a constant tug-of-war between political influences (what people want) and legal experts (how the law should technically function). While groups like the media create the "energy" for change, the Law Commission provides the "technical expertise" to ensure the changes actually work in court.