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Law reforms occurs when there is a change in law to meet a change in need in society, Describe ways this is done.

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Introduction

Law reforms occurs when there is a change in law to meet a change in need in the socirty, Various ways to do this. Judicial change is when courts perform law reform. For example, in the case of RvR the courts departed from common law and held that rape within marriage amounts to a crime. This contributed to a change in society for the position of women. According to Norman Marsh Reform for the UK, reforms like this rarely happen. There is no state funded systematic process to bring about law reform. It depends on citizens to bring a case to courts and relies on individual?s time need and expense. Hence it is haphazard as it is not in order, and not priorities. The court cannot commission research on the effects of the possible changes in law, they can only decide on how the cases are presented. Precedent also means that it is rigid and very difficult to depart from previous decision. ...read more.

Middle

It is unlikely that the Bill would not go through. These problems hinder the effectiveness of the Parliament. Other major reforms can also be made by Law Commission, which is a permanent body set up in 1965, which consists of a Chairman(High court judge), A Queen Counsel with expertise in criminal law, a solicitor with expertise in land law and equity and 2 legal academics. Their job is to remove anomalies, repeal consolidate simplify and modernize law. They handle projects recommended by Lord Chancellor, government department or where they think needs reforms. They usually first identify the defects in the law and examine foreign legal systems to see how they deal with it. Then a consultation paper is released which contains shortcomings of the present system, possible ways to reform and opinions to reform. A final document is sent to the government department to decide whether to approve or reject proposals and passes any necessary bills to parliament. ...read more.

Conclusion

For example the Royal Commission of the Criminal Procedure stated that under the PACE, individuals are entitled to free legal advice. However, lack of legal funding frustrated such aims. Another problem is waste of expertise as the Royal Commission is disbanded after the proposal is made. There is no one single ministry that is responsible for law reform. Other agencies that participate in law reforms are pressure groups such as AGE UK, Shelter, Law Society and JUSTICE. Their effectiveness is based on size persistence and power. Public opinions also contribute to law reforms- people may write to their MPs or newspapers. There should be a single ministry that is responsible for law reforms. There would be higher level of expertise and accountability developed over time. It should include non-legal and legal experts for different perspectives and the government should be required to take into account proposals. The current agencies of law reform in England and Wales are effective in some ways but this effectiveness in hindered by many problems. It would be better to have one single ministry responsible for law reform. ...read more.

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