Law Reform

Law reform is the process by which laws are reviewed, updated, or replaced to keep pace with society’s changing needs. Effective law reform ensures that the legal system remains fair, relevant, and responsive to new challenges. In the UK, Parliament is influenced by various factors when considering law reform.

Influences on Parliament in Law Making

• Political Parties: Government policies and party manifestos often guide law reform. For example, the Conservative Party’s pledge led to the introduction of the Police, Crime, Sentencing and Courts Act 2022.
• Public Opinion: Widespread public concerns can prompt legislative change. The Dangerous Dogs Act 1991 was passed in response to public outrage over dog attacks.
• Media: Media coverage shapes public debate and can accelerate reform. The Leveson Inquiry led to changes in press regulation following high-profile scandals.
• Pressure Groups: Organisations such as Greenpeace campaign for environmental laws. Their efforts contributed to amendments in the Environmental Protection Act 1990.
• Lobbyists: Individuals or groups seek to influence MPs directly. Business lobbyists played a role in shaping the Companies Act 2006.
• Law Commission: An independent body responsible for reviewing and recommending legal changes, ensuring laws are clear and modern.

The Law Commission: Who They Are and What They Do

The Law Commission is an independent statutory body established by the Law Commissions Act 1965. Its role is to review and recommend reforms to the law of England and Wales. The Commission conducts research, consults with stakeholders, and publishes reports proposing changes to outdated or problematic legislation.

Their method involves identifying areas in need of reform, consulting experts and the public, and presenting recommendations to Parliament. If accepted, these recommendations can become new Acts or amend existing laws.

Law Reform by the Law Commission: Process and Examples

• Process: The Law Commission selects topics, undertakes research, consults widely, and publishes reports.
• Example: The Law Commission’s report on homicide led to changes in the Coroners and Justice Act 2009, updating the law on partial defences to murder.
• Example: Their review of family law contributed to the Divorce, Dissolution and Separation Act 2020, simplifying divorce procedures.

Advantages and Disadvantages of Influences on Law Making

Advantages:

• Ensures laws reflect current societal values and needs.
• Expert input from the Law Commission leads to well-researched and clear legislation.
• Pressure groups and public opinion can highlight urgent issues.
• Political motives may result in laws favouring party interests over the public good.
• Media influence can lead to rushed or poorly considered legislation.
• Pressure groups may represent narrow interests, not the wider population.
• Law Commission recommendations are not always implemented by Parliament.

Disadvantages:

Supported Examples: Acts Influenced or Amended

• Political Parties: Police, Crime, Sentencing and Courts Act 2022
• Public Opinion: Dangerous Dogs Act 1991
• Media: Regulation changes following the Leveson Inquiry
• Pressure Groups: Environmental Protection Act 1990
• Lobbyists: Companies Act 2006
• Law Commission: Coroners and Justice Act 2009, Divorce, Dissolution and Separation Act 2020

Summary: Key Points for Revision

Law reform is vital for a modern legal system. Parliament is influenced by political parties, public opinion, media, pressure groups, lobbyists, and the Law Commission. Each influence has its strengths and weaknesses, with supported examples demonstrating their impact on UK law. The Law Commission plays a crucial role in recommending improvements, but successful reform depends on Parliament’s willingness to act.