WJEC Eduqas A Level Law Book 1 sample

24 Law reform There are many channels that can be used to reform the law Judicial change The law does not, and cannot, stand still. It needs to keep up with society’s changing attitudes and respond to events and media pressure. Most legislation in the English and Welsh legal systems stands still until it is repealed. Where it is clear that the law is no longer reflective of society’s needs, there are a number of ways in which it can be reformed and a number of agencies that can put pressure on the government to change the law. Case law can bring about some reform through the development of the common law, also known as judicial precedent. R v R (1991) A husband broke into the house where his estranged wife was staying with her mother and forced her to have non-consensual sex with him. The House of Lords declared that a husband who has non- consensual sexual intercourse with his wife can be guilty of rape on the basis that the status of women, and particularly of married women, has changed out of all recognition in various ways. As a result, the Sexual Offences Act was amended to reflect the fact that non-consensual intercourse is rape regardless of marital status. Ghaidan v Godin-Mendoza (2004) Here the court held that homosexuals living in a long-term loving relationship should enjoy the same tenancy rights as heterosexual couples. There are several reasons why judicial law making is rare, and why it should not regularly happen. 1. Courts can only deal with cases that are brought to them so they are unable to enter into wide-ranging law reform. 2. The parties involved in cases often do not have the money or interest to pursue the reform. 3. Judges are usually unable to consult experts or commission research. They will be wary of reforming the law without this specific knowledge, as their decision will have future influence. reform Spec reference Key content Assessment Objectives Where does this topic feature on each specification/exam? WJEC AS/A Level 1.1: Law making Eduqas AS Level 1.1.1: Parliamentary and European law making Eduqas A Level 1.1.1: Parliamentary and European law making • The influences on Parliament; the advantages and disadvantages of influences on law making • Law reform; role of official law reform agencies, including the Law Commission and the role of pressure groups and judicial influences AO1 Demonstrate knowledge and understanding of legal rules and principles AO2 Apply legal rules and principles to given scenarios in order to present a legal argument using appropriate legal terminology WJEC AS/A Level: Unit 1 Section A Eduqas AS Level: Component 1 Section A Eduqas A Level: Component 1 Section A Methods of law reform Judicial change Parliament Law Commission Pressure groups Royal Commission Public inquiries Private Members’ Bills