Welcome to the World of Law Reform!
Have you ever wondered why some laws seem really old-fashioned, while others change overnight? In this chapter, we explore Law Reform. Think of it as the "upgrade" system for our legal rules. Because society changes, the law must change too to stay fair and relevant. Don't worry if this seems like a lot of information at first—we’re going to break it down into small, easy-to-manage pieces!
1. Who Influences Parliament to Change the Law?
Parliament doesn't just wake up and decide to change a law for no reason. They are usually pushed or "influenced" by different groups. Let's look at the four main ways this happens.
A. Political Influences
Before an election, political parties publish a manifesto. This is a list of promises they make to the public. If they win, these promises often become new laws.
Example: The Labour Party's 1997 manifesto led to the Human Rights Act 1998.
Pros: The public voted for these changes, so they are "democratic."
Cons: If a new party wins the next election, they might scrap the old laws, making things confusing.
B. Public Opinion and the Media
The "court of public opinion" is very powerful. If a story gets a lot of attention in newspapers or on social media, Parliament may feel pressured to act quickly.
Example: Following several attacks, the media campaigned for a ban on certain breeds, leading to the Dangerous Dogs Act 1991.
Pros: It keeps Parliament in touch with what people care about.
Cons: It can lead to "knee-jerk" reactions where laws are rushed and poorly written.
C. Pressure Groups
These are groups of people who share a common interest and want to change the law regarding that interest. There are two types:
1. Sectional Groups: Represent a specific group of people (e.g., the Law Society represents solicitors).
2. Cause Groups: Promote a specific idea or "cause" (e.g., Greenpeace or the League Against Cruel Sports).
Example: The League Against Cruel Sports was a major influence in the passing of the Hunting Act 2004.
D. Lobbyists
Lobbyists are professional "persuaders." They are often paid by big companies or organizations to meet with Members of Parliament (MPs) in the hallways (lobbies) of Parliament to convince them to support certain laws.
Quick Review: The "Big Four" Influences
• Political: Party promises (manifestos).
• Public/Media: News headlines and social trends.
• Pressure Groups: Interest groups like Greenpeace.
• Lobbyists: Professionals who talk directly to MPs.
Key Takeaway: Law doesn't happen in a vacuum; it is a response to the needs, fears, and promises of the people and organizations in society.
2. The Law Commission: The "Law Repair Shop"
While the groups above are often biased, the Law Commission is different. They are the official, independent "mechanics" of the law. Their job is to look at old or confusing laws and figure out how to fix them professionally.
Who are they?
The Law Commission was set up by the Law Commissions Act 1965. It consists of a Chairman (a High Court Judge) and four other highly experienced Law Commissioners.
What do they do?
They have three main roles:
1. Reform: Making the law more modern and fair.
2. Codification: Taking all the law on one topic (from different cases and Acts) and putting it into one single, easy-to-read Act of Parliament.
3. Consolidation: Bringing together several different Acts of Parliament on the same subject into one Act.
4. Repeal: Identifying laws that are so old they aren't needed anymore and getting rid of them.
How do they do it? (The Step-by-Step Process)
The Law Commission follows a very careful process to make sure they get it right:
1. Referral: A topic is referred to them by the government, or they choose it themselves.
2. Research: They study the current law in depth.
3. Consultation: They produce a Consultation Paper asking the public, lawyers, and experts for their opinions.
4. Report: They issue a final report with recommendations.
5. Draft Bill: Crucially, they often include a "Draft Bill," which is a ready-made version of the new law for Parliament to vote on.
Example of success: The Land Registration Act 2002 was a Law Commission project that modernized how we buy and sell property.
Did you know?
The Law Commission has helped repeal thousands of "dead" laws. At one point, there was still a law on the books regarding the taxation of French wine from the year 1297!
Key Takeaway: The Law Commission provides expert, non-biased legal updates, but they can only suggest changes—Parliament has the final say on whether to pass them.
3. Evaluating Law Reform
No system is perfect! To do well in your exams, you need to be able to argue both sides of the coin. Here is a simple breakdown of the advantages and disadvantages of these influences.
The Law Commission
Advantages:
• Expertise: They are top-tier lawyers and judges, so the quality of law is very high.
• Non-Political: They don't care about winning elections; they only care about making the law work.
• Consultation: They listen to everyone before making a decision.
Disadvantages:
• Ignored by Parliament: Parliament is often too busy with political issues to pass the technical "boring" laws the Commission suggests.
• Slow: Because they are so thorough, it can take years for a report to be finished.
Media and Public Opinion
Advantages:
• Speed: Can make the government act fast in an emergency.
• Democracy: Gives a voice to the "ordinary person."
Disadvantages:
• Sensationalism: Media can exaggerate problems to sell newspapers, leading to bad laws (like the Dangerous Dogs Act 1991, which is often criticized for being rushed).
Pressure Groups
Advantages:
• Specialist Knowledge: Groups like the BMA (British Medical Association) can give Parliament expert advice on health laws.
Disadvantages:
• Self-Interest: They only care about their own cause, which might not be what's best for the whole country.
Memory Aid: The "PLUMP" Influences
To remember the influences on Parliament, think of the word PLUMP (well, almost!):
P - Political Influences
L - Law Commission
U - (p)Ublic Opinion / Media
M - Manifestos (Political)
P - Pressure Groups
Common Mistake to Avoid: Don't confuse Consolidation with Codification.
• Consolidation is just tidying up several Acts into one.
• Codification is bringing everything (Acts and Judge-made law) into one brand new Code.
Key Takeaway: Law reform is a balancing act. It needs the passion of the public and the media, the promises of politicians, and the expert precision of the Law Commission to work effectively.