Homework:

Look at the Law Commission’s website (www.lawcom.gov.uk) and make a list of three areas of law which the Law Commission is currently researching.

Unit 1: Section A: Parliamentary Law MakingInfluences on Parliament

Specification Link• Outline of influences on Parliament: role of the Law Commission; political, media and

pressure group influences

Learning Objectives• Describe the role the Law Commission, politics, the media and pressure group have

on influencing Parliamentary law making• Analyse the advantages and disadvantages of these influences on ParliamentS&C: It can be said that these different influences on Parliament are the essence of true democracy. Why is this?

StarterDiscuss in your groups what you think the following things mean

ParliamentGovernmentCabinetThe MonarchyThe Prime MinisterThe OppositionElections

People pressure

Law is passed!

Government

propose making it

law

MPs in the House

of Commons

vote

The Lords in the House of Lords

vote

The Queen has the

final decision

(Royal Assent)

The House of Commons• This is made up of 650 elected Members of

Parliament. • Must be a general election every five years.• By-elections take place if the MP has died or

retired.• Normally the party that wins over half the

MPs at the election forms the government. However in 2010 no party had an overall majority so that the Conservatives and the Liberal Democrats formed a coalition government.

The House of Lords

• 90 Hereditary peers• 640 Life Peers• 26 most senior bishops in the Church of England• They discuss policies and may make changes to bills

from the Commons. • Prior to 1999 there were many more hereditary peers. The

Labour government renewed this and decided that an inherited title should not automatically allow for someone to take place in the Law making process

• The 12 most senior judges (Law Lords) used to sit in the House of Lords. Now they are separate from Parliament and sit as the Supreme Court.

ComprehensionFor each of the following, summarise:a) What it isb) How it influences Parliamentary law makingc) The Advantagesd) The disadvantages

1) Law Commission 2) Politics3) European Union4) Public Opinion/Media5) Pressure Groups

Main Influences

• Law Commission

• Pressure Groups

• Media

9

The Law Commission - Description

• Independent, permanent and full-time law reform body.

• Set up by Law Commissions Act 1965

• Full time staff headed by five Law Commissioners including Chairman

• Chairman is a High Court Judge and has a large remit

• Remaining commissioners are all academic or practicing lawyers.

• Each commissioner has a team working for them

• Sec 3(1) of the Act states role is ‘KEEP UNDER REVIEW ALL THE LAW’

• This includes codification, consolidation, repeal, simplification and modernisation of the law.

10

Codification• Means bringing together of all the law on a particular topic into one

Act of Parliament.

• At the start was supposed to simplify contract, landlord and tenant laws, family law, and the law of evidence.

• 1989 draft Criminal Code published but not yet implemented.

• Original plan over ambitious

• Now looking to codify smaller areas

• Criminal now moved to Murder and Homicide November 2006

11

Consolidation• Means bringing together of all the statutory provisions

relating to a particular area into one Act of Parliament.

• Makes law more understandable and accessible.

• Does not require changes in the law (Education Act 1996)

• Both require constant updating

• This is due to Judges and Government adding or interpreting the law soon after it comes into effect

12

Repeal

• Removal of laws that have no further use.

• Once passed can generally only be repealed or altered by another act

13

Operation• These processes simplify the law

• Also necessary to suggest changes and create new areas of law.

• In your groups think of an example of a necessary change and a totally new area of law in the past 10 years.

• Areas referred by government and has an autonomous role

• Also pressure form other areas (Criminal Attempts Act 1981 from academics)

• Research Working Paper Consultation Report

• Example Year and a Day Reform Act 1996

14

Advantages• Can you think of the advantages of the service offered by the Law

Commission?

• Possesses a large amount of expertise

• Large amount of research carried out

• Therefore well informed and helps to make good law

• Independent (all areas kept under review not those government interested in)

• May decide to investigate itself

15

Disadvantages• Can you think of the disadvantages of the service offered by the Law

Commission?

• About a third of recommendations not implemented.

• Government not obliged to carry out recommendations

• Government does not have to consult when it implements law

• Investigations too lengthy and takes too long to come to fruition

• Lack of thoroughness as investigates up to 30 issues at a time

16

Eye on the examDescribe any one influence operating on Parliament in

the law-making process. (10 marks)