Law making; influences on Parliament, and statute creation.

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Module 1 - Law making; influences on Parliament, and statute creation.

  1. There are many influences operating on Parliament before and during the legislative process.  Explain and evaluate any three influences.  Give examples of how Parliament has been persuaded to introduce legislation. (15 marks)

One influence operating on Parliament is that of the Law Commission.  The Law commission is a full-time permanent publicly funded body, which was set up by the Law Commissions Act 1965.  It was established to reform law.  There are five Commissioners, they are full time and one is a High Court judge who chairs the proceedings.  The other four are solicitors, barristers, academic lawyers, which allows a full range of views on the issues of the law.  The commissioners are appointed for a five-year term expect the chair whose term lasts only three years.  The Law Commission can be requested by the Lord Chancellor to consider an area of law in need of reform, or it can select a range of projects after consulting representatives of academic lawyers, the Bar and the Law Society.  After the projects to be looked at have been decided the Law Commission puts together a programme of these projects.  Every four to five years a new programme is produced and published.  The Law Commission looks at a range of criteria before accepting projects.  These criteria are the importance of the issues, availability of resources, and the suitability of the issues to be dealt with.  Every year the Law Commission gets a budget of around £4million.  This money is also part of the considerations when looking at projects to accept.  The way in which the Law Commission looks at each project follows a similar pattern.  Firstly research is done to look at the existing law; a consultation paper is then published including the recommendations for change.  The Law Commission invites interested parties to respond to this paper and then prepares its reports.  If a change to the law is decided on then a draft Bill is attached to this report.  Some examples of recent projects undertaken by the Law Commission include gene therapy, data protection, fraud and stalking.  The Law Commission makes good accounts of the law suggesting changes and putting froward arguments for change.  The reforms are considered by a body of experts linked with the issue in hand.  This makes the Law Commission influential due to having a better knowledge of the details of the matters in hand.  However there is a huge backlog in reports, and not many of its reports are actually implemented.  Also the Government can simply ignore the recommendations from the Law Commission, as Parliament is supreme.  

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Pressure groups are another influence on Parliament when it comes to creating legislation.  Pressure groups are a group of people who share the same views on a particular issue.  They work together to convince Parliament to change the law to their "ideal".  An example of a pressure group that is formed for one aim is that of villagers fighting for a by-pass.  The group will dissolve as soon as the by-pass is built or is refused after every possibility had been researched.  Some groups however have a wider idea on how to reform laws, and stick together until their aims ...

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