WJEC Eduqas A Level Law Book 1 sample

Law reform The famous red briefcase is said to contain the Budget recommendations 4. Judges are unable to make changes where the doctrine of precedent applies, which inhibits any radical reforms. 5. A precedent change is retrospective (that is, they cover something that has already happened), whereas parliamentary reforms are prospective (they take effect only from the day they come into force). 6. Judges are unelected so it is often argued that their constitutional position is not to reform the law. The theory of separation of powers shows this. However, judges are skilful at identifying issues to Parliament. Within their judgements, they are willing to point to areas of difficulty with a view to raising the profile of such issues and attracting the attention of Parliament to get reforms. Parliamentary change The government of the day has control over what ideas enter Parliament, even though they are often influenced by other bodies. Much legislation reflects the political ideas of the government that is in power when the Act is passed. Such legislation may start as a political commitment in the manifesto of a political party. The government of the day will set out their legislative agenda in the Queen’s Speech on the first day of a parliamentary session. Parliamentary law reform happens in four ways Repeal • Old and obsolete laws are removed. • Out-of-date laws will often stay on the statute books for a long time before they are repealed. Creation • Completely new laws are created, either in response to public demand or because of pressure from another group. • Existing provisions can also be adapted to meet new needs. Consolidation • When a statute is created, problems may appear over time and new legislation may be enacted to amend it. • It brings together successive statutes on the same subject. Codification • Where a particular area of law has developed over time, a large body of case law and statute can make the law confusing. • Codification brings together all the rules into one statute to increase certainty. A number of circumstances may provide the stimulus for a new Act of Parliament: 1. Events Unexpected events can lead to an urgent need for law reform that the government may not have foreseen. For example, the attacks of 9/11 led to a tightening of the UK’s terrorist laws through the creation of the Anti-Terrorism, Crime and Security Act 2001 . 2. The Budget Each year, the Chancellor of the Exchequer presents a budget statement to MPs in the House of Commons. Once the budget is agreed, a Finance Bill is presented to Parliament and will make its way through Parliament to give effect to the changes. Government expenditure changes in line with the needs of the country and so this law needs to be passed every year. Judicial precedent is one way of reforming laws 25