SOUURRCCEESS OOFF LAAWW:: LLAWW O RREEFFORRMM€¦ · murder & manslaughter etc. ... e.g. or Sarah Payne. News of the World campaign in 2000 to ‘name and shame’ paedophiles. G152

G152 SoL 2011-12

SSOOUURRCCEESS OOFF LLAAWW::

LLAAWW RREEFFOORRMM By the end of this unit you will be able to describe: The role of the Law Commission in

changing the law. The role of the Royal Commission and

other agencies in changing the law. How reform of the law is suggested and

developed [known as impetus].

You should also be able to evaluate: How effective the Law Commission is. The influence and effectiveness of other agencies wishing to bring about reform.

[This is the last topic on the Sources of Law syllabus. It does, as you will see, bring together a number of the different areas we have looked at.]

SSTTAARRTTEERR

WWHHYY DDOO WWEE NNEEEEDD LLAAWW RREEFFOORRMM??

Annotate the thinker with at least four reasons....

G152 SoL 2011-12

PPEEOOPPLLEE WWHHOO CCAANN CCHHAANNGGEE TTHHEE LLAAWW ((11)) The Judges

They can create new law using precedent, though this is very rare. Complete the table below to illustrate two examples of judges making law (there is one to start you

off!)

CASE

R v R 1991

AREA OF THE

LAW?

Martial rape

LEGAL RULE (RATIO)

Removed the exception from the common law (that it wasn’t an offence for a man to rape his

wife)

WHY CHANGE

IT?

Lord Keith, said that the status of both women and marriage had changed, and therefore the consent was not irrevocable, as they were now seen as equal partners. He argued that the common law was capable of evolving to reflect changes in society, and it

was the court’s duty to help it do that.

AAOO22: Why isn’t this the best way to change the law?

PPOOIINNTT EEXXPPLLAANNAATTIIOONN

The haphazard way cases get to the higher courts

Focus on the issues of the

particular case

Precedent

Decisions are retrospective

Judges are not elected

G152 SoL 2011-12

PPEEOOPPLLEE WWHHOO CCAANN CCHHAANNGGEE TTHHEE LLAAWW ((22)) Parliament

This is how the majority of law reform takes place. It is done in four major ways: 1. Repeal of old/ obsolete laws which are “spent, obsolete, unnecessary or otherwise not now of

practical utility”. Preparing these acts is also the perview of the Law Commission… Statute Repeals Acts... which have repealed over 2,500 laws!

Statute Repeals Act 2008 2. Creation of new law/ Adaptations of existing law to meet new needs.

Coroners and Justice Act 2009 This changes the law on the partial defence to murder of provocation. It is now called loss of control which helps to sort some of the problems for some Ds e.g. battered wives

3. Consolidation. If there are problems with an earlier act, then they may pass later amendment acts. It can also bring together a number of previous statutes under one title. Offences Against the Person Act 1861

4. Codification This is a little complicated. After an area of law has been given a while to develop, there will be a lot of case and statute law. Thus, the government may chose to bring in a statute which covers all of the rules and puts them in one place! There are some areas which are still developing and not suitable. Theft Act 1968

Parliament can do more than one at once! Final Note (linking to legislation) They can also use the tool of the Private Member’s Bill to introduce more ‘revolutionary’ ideas! Example One: Example Two:

G152 SoL 2011-12

Study the law, issues and alternatives

Consultation Paper

Report

PPEEOOPPLLEE WWHHOO CCAANN CCHHAANNGGEE TTHHEE LLAAWW ((33))

This is the main bit that you must know. It was created under the Law Commission Act 1965 as an independent body whose job is to keep the law under review and to recommend reform where it is needed. These recommendations are then presented to Parliament, who do not have to act on them. They are the only full time law reform body that we have! The aim of the Commission is to ensure that the law is fair, modern, simple, and as cost-effective as possible. More recently the Law Commission Act 2009 confirms this and also sets up a duty for the Lord Chancellor to report on how many have been implemented by Parliament. This happened for the first time in January 2011.

Repeal old statutes

Example:

Codify & consolidate areas of the law

Example:

To put forward proposals for reform

Example:

To recieve and consider proposals for law reform and sonslt relevant parties.

Example:

To systematically keep all areas of English Law under review

Who works there?

Who gives them their areas to look at?

What is the process of producing a report like?

How many proposals have been

implemented?

G152 SoL 2011-12

FFiinnaallllyy...... What are the problems with the operation of the Law Commission (AO2)

Draft Criminal Code This was the big project for the Law Commission, it put all of criminal law into one document. However, to be scrutinised and debated properly would take hours (if not days… weeks and even years!) Why would governments be reluctant to do this? It is now being looked at again, and the last government has said in its 2001 white paper “Criminal Justice: the Way Ahead” that it wants to codify the law. The Law Commission is now looking at it, but in ‘bits’ e.g. defences, murder & manslaughter etc.

Codification is… GOOD because BAD because

Some successes of the Law Commission

Success Rate?

Problems with codification? Lack of political will to change

Staffing & budget

Only full-time law reform body Tends to focus on complete change to law

G152 SoL 2011-12

PPEEOOPPLLEE WWHHOO CCAANN CCHHAANNGGEE TTHHEE LLAAWW ((44)) TTHHEE RROOYYAALL CCOOMMMMIISSSSIIOONNSS

Read the article and complete the questions to make sure you understand this section: 1. When might a Royal Commission be set up? 2. What is a Royal Commission?

3. How are they made up? 4. How long do they last? 5. What happens during the commission’s inquiry? 6. Does Parliament have to listen? EEXXAAMMPPLLEESS:: Runciman Commission 1993 Wakeham Commission 1999

Stretch & Challenge Extension: Read pp.93-4 of Elliott and Quinn. What was the government’s aim in passing the Inquiries Act 2005? How has it been criticised.

Set up because... Looked at... Outcome... But....

Set up because... Looked at... Outcome... But....

G152 SoL 2011-12

PPEEOOPPLLEE WWHHOO CCAANN CCHHAANNGGEE TTHHEE LLAAWW ((55)) PPRREESSSSUURREE GGRROOUUPPSS

Ok, so the law is awful… how do we change it?

One of the main ways are pressure groups– this can be by parties, voluntary organisations, outside agencies etc. These are organised groups which exist for the purpose of representing particular interests

Match the group to the issue!

What tactics do these groups use?

Example of a successful campaign:

Snowdrop campaign which campaigned on as the

result of . This resulted in the passing of the Firearms Amendment

Act 1997 which

Fox

Hunting

Restricting

ownership

of guns

Giving fathers

equal rights in

court

42 day

Terrorism

detention

Changing

law on

striking

Tuition

fees

Tighter

sentences for

knife crime

Removal of all

troops from

Afghanistan & Iraq

G152 SoL 2011-12

OOtthheerr iinnfflluueenncceess oonn LLaaww RReeffoorrmm

Political Parties and their manifestos! Manifestos are the proposals the parties make before the election. They reflect the political aims and ideals of the party. A government is said to have a mandate to pass laws promised in a manifesto without too much opposition. Examples: Reform of the House of Lords 1997.

Hunting Act 2004

Public Inquiries When are these set up? These often are headed by a senior judge. Some examples:

Taylor Report (Hillsborough Disaster) led to Cullen Report (Dunblane) led to Firearms (Amendment) Act 1997

Others include the Victoria Climbie inquiry and the inquiry following the conviction of Harold Shipman.

They hear evidence from all interested parties and attempt to reach consensus. It is meant to be non political. How could this be criticised?

Stretch and Challenge: Choose one of the inquires, and research it. Why was it set up? What were its findings? What recommendations were put into place as a result of it? Write a short paragraph explaining your findings.

Media Very often they will start a campaign… it doesn’t always work! They often claim to represent the views of public opinion. Are they truly representative of problems? Think ASBOs and Home Alone!

e.g. or Sarah Payne. News of the World campaign in 2000 to ‘name and shame’ paedophiles.

G152 SoL 2011-12 European Union Law & ECHR What’s the word I’m looking for….?

S…u…p…r…e…m…a…c…y!!!!!

What does this mean? Sex Discrimination Act 1986.

RREEVVIISSIIOONN QQUUEESSTTIIOONNSS::

1. What are the four main ways Parliament can change the law?

2. Give three examples of pressure groups seeking to change the law

3. How successful has the Lord Chancellor been in its mission to codify the criminal law?

4. Which act of Parliament establishes the Law Commission?

5. What are the main duties of the Law Commission?

6. In what circumstances will a Royal Commission be set up?

7. When might the government set up a public inquiry?

PPAASSTT QQUUEESSTTIIOONNSS January 2009

a) Source A refers to the Law Commission.

Describe the role of the Law Commission. [15] January 2010

a) Source B refers to the Law Commission.

Describe the role of the Law Commission. [15] June 2010 c) With reference to Source A and Source B and your knowledge.

(i) Describe the role of the Law Commission. [15] (ii) Discuss the problems encountered by the Law Commission in fulfilling its role. [15]