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Discuss the reasons why behaviour may become unlawful and explain how the law can change.

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Introduction

eTMA 03 Question: Discuss the reasons why behaviour may become unlawful and explain how the law can change. There are many ways in which behaviour may become unlawful and the ways in which law can change in response to such behaviour. This essay will look to position unlawful conduct and more specifically the definitions, of which it holds. Discussing why conduct becomes unlawful and the actions of our UK Parliament, Judiciary and the European Court of Human Rights in response to the growth of unlawful conduct. Highlighting the key facts and cases and also looking into the strengths and weaknesses in the methods of law reform. "Unlawful conduct is any conduct that is contrary to or forbidden by law" (Arthur, 2011) Conduct can be considered as unlawful in a number of different ways, most commonly known actions are burglary, theft or even murder, these are only criminal acts, businesses can also be affected by criminal acts, such as fraud for example. Criminal acts are only one form of unlawful conduct, as the other are civil disputes, these disputes can affect all walks of life from businesses through to families, examples are custody of children in a divorce, validity of marriage, customers who refuse to pay bills. ...read more.

Middle

A more recent development was that of the Civil Partnership Act 2004 which gave Gay and lesbian relationships the same rights as any married couple. Some actions are considered unlawful to protect the individual from any harm, for example wearing seatbelt when driving a car or wearing a helmet when riding a motorbike. This subject matter can often be taken into dispute when discussing the subject matter of euthanasia, as many people believe this should be made lawful action. "Is this enforceable?" is a consideration for any new laws or amendment before it becomes an Act, and there are many points to consider including the human rights of the individual. There are three main methods of reforming the law; there is the UK Parliament, the judiciary system and The European Court of Human Rights (ECoHR). Parliament is a publicly elected body and will often take into account the changes in society when creating a new criminal offence. Such as Dangerous Dogs Act 1991 or in the event of national crisis the Anti-terrorism, crime and security act 2001. Judges will follow statutory interpretation rules to interpret Acts of Parliament, they are also able to overrule and distinguish against a precedent which has been put in place to reform the law. ...read more.

Conclusion

paper whereby proposals are set out to seek any advice or comments, following this consultation the government will publish a white paper which is a much firmer document outlining the concepts for the bill, the secretary of state for the relevant department will often make a statement to go forward with the white paper. In conclusion this essay acknowledges that defining factors such as technological, social and moral developments are pivotal parts how behaviour can become unlawful. The law making and law reform processes in the UK are wide spread covering all aspects of the law, there are advantages and disadvantages to each area of law reform in the UK. Many of the disadvantages will relate to law reform in the judiciary and within the ECoHR, reasons being that around accountability as neither are publically elected. The main disadvantage with Parliament is that Acts can take a long time to pass however it is imperative to recognise that although this is often the case Parliament is a highly accountable body to the public, it has been proven in the Anti-terrorism, crime and security act 2001, Parliament will swiftly act in the event of public outcry or in the event of a national crisis. ...read more.

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