Who keeps the law under review and proposes changes, and why are many recommendations never enacted?
Law reform: the agencies that influence and propose reform (the Law Commission, Royal Commissions and public inquiries, pressure groups and the media), the processes of repeal, consolidation and codification, and the limits on reform.
An Eduqas A-Level Law guide to law reform. Explains the Law Commission, Royal Commissions and inquiries, pressure groups and the media, the processes of repeal, consolidation and codification, and why many reforms are not enacted, with worked exam answers and the AO3 evaluation the paper rewards.
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What this dot point is asking
Eduqas Component 1 requires you to know how the law is reformed: the agencies that influence and propose change (the Law Commission, Royal Commissions and public inquiries, pressure groups and the media), the processes of repeal, consolidation and codification, and why many recommendations are never enacted. The skill is to explain the agencies and processes precisely (AO1) and to evaluate them, especially the Law Commission (AO3).
The answer
The Law Commission
Reform, consolidation, repeal and codification
The Law Commission's work takes several forms. Reform proposes changes to the substance of the law. Consolidation gathers several statutes on one topic into a single Act without changing the law, making it easier to use (the Sentencing Act 2020 consolidated sentencing law). Repeal removes obsolete or spent legislation from the statute book. Codification brings all the law on a topic, both statute and case law, into one comprehensive code, which may change the law (the Theft Act 1968 codified much of the law of theft).
Other agencies of reform
The limits on reform
Even the best report may not become law. Parliament is sovereign and chooses its own legislative programme, so reform competes for scarce parliamentary time against the government's political priorities, and controversial proposals attract opposition. As a result the Law Commission's implementation rate fluctuates, and many reports are delayed or shelved. The Law Commission Act 2009 introduced a protocol with government and a duty to report annually on implementation, improving follow-up.
Examples in context
A strong answer judges effectiveness by implementation, using examples of reports that were and were not enacted.
Try this
Q1. Explain the role of the Law Commission in reforming the law. [10 marks]
- What the marker wants. Precise AO1: an independent standing body (Law Commissions Act 1965) that keeps the law under review, researches and consults, and reports with recommendations and a draft Bill, and that consolidates, repeals and proposes codification.
Q2. Analyse and evaluate the influence of pressure groups and the media on law reform. [15 marks]
- Cue. An AO3 essay: explain sectional and cause pressure groups and media campaigns; evaluate their influence (raising issues and public pressure) against criticisms (the loudest or best-funded voice may prevail, and Parliament still decides), and conclude.
Exam-style practice questions
Practice questions written in the style of WJEC Eduqas exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Eduqas Component 1 2022 (evaluation)15 marksAnalyse and evaluate the work of the Law Commission as an agency of law reform. [an analysis/evaluation question in the style of Component 1, AO3]Show worked answer →
A mainly AO3 essay. Explain the Law Commission's role, then evaluate its effectiveness.
Role. The Law Commission (Law Commissions Act 1965) is an independent, full-time body that keeps the law under review and recommends reform. It researches an area, consults, and publishes a report often with a draft Bill. It also undertakes consolidation (drawing scattered statutes into one Act) and repeal of obsolete law, and proposes codification.
Evaluation. Strengths: it is independent and expert; it consults widely; it researches thoroughly; and many reports have been implemented (for example the Fraud Act 2006 and parts of the law of contract). Weaknesses: Parliament is sovereign and not bound to act, so many reports are ignored or delayed (the implementation rate fluctuates); it lacks the time to review everything; and reform competes with the government's political agenda. The Law Commission Act 2009 (the protocol and annual report) improved follow-up.
A top answer explains the role with examples and judges how effective the Law Commission is at producing actual reform.
Eduqas Component 1 2021 (explain style)10 marksExplain the difference between consolidation and codification of the law. [an explain question in the style of Component 1, AO1]Show worked answer →
A mainly AO1 explain question. Define each clearly with an example.
Consolidation draws together several existing statutes on one topic into a single Act without changing the substance of the law, making it easier to find (for example the Sentencing Act 2020). Codification brings all the law on a topic, both statute and case law, into one comprehensive code, which may change the law (for example the Theft Act 1968 codified much of the law of theft). Repeal, by contrast, removes obsolete law from the statute book.
A top answer defines consolidation (gathering statutes, no substantive change) and codification (one comprehensive code, possibly changing the law) and gives an example of each.
Related dot points
- Parliamentary law making: the legislative process (Green and White Papers, the types of Bill, the stages of a Bill through the Commons and Lords and the Royal Assent), the influences on Parliament, and the doctrine of parliamentary sovereignty.
An Eduqas A-Level Law guide to parliamentary law making. Explains the legislative process, the stages of a Bill, the influences on Parliament and parliamentary sovereignty, with worked exam answers and the AO3 evaluation the paper rewards.
- Delegated legislation: the enabling Act and the types of delegated legislation (Orders in Council, statutory instruments and by-laws), the reasons for it, and the controls by Parliament and the courts.
An Eduqas A-Level Law guide to delegated legislation. Explains the enabling Act, Orders in Council, statutory instruments and by-laws, the reasons for delegation and the parliamentary and judicial controls, with worked exam answers and the AO3 evaluation the paper rewards.
- Statutory interpretation: the literal, golden and mischief rules and the purposive approach, the rules of language, intrinsic and extrinsic aids (including Pepper v Hart), and the impact of EU law and the Human Rights Act 1998.
An Eduqas A-Level Law guide to statutory interpretation. Explains the literal, golden and mischief rules, the purposive approach, the rules of language and the aids to interpretation, with worked exam answers and the application the paper rewards.
- Judicial precedent: the doctrine of stare decisis, ratio decidendi and obiter dicta, binding and persuasive precedent, the court hierarchy and the Practice Statement, and the ways of avoiding precedent (overruling, reversing and distinguishing).
An Eduqas A-Level Law guide to judicial precedent. Explains stare decisis, ratio and obiter, binding and persuasive precedent, the court hierarchy, the Practice Statement and how judges avoid precedent, with worked exam answers and the AO3 evaluation the paper rewards.
- The evaluation essay (AO3): structuring a balanced argument, analysing strengths and weaknesses, using examples, cases and reform proposals, and reaching a reasoned conclusion.
An Eduqas A-Level Law guide to the evaluation essay (AO3). Explains how to structure a balanced argument, analyse strengths and weaknesses, use examples and reform proposals and reach a conclusion, with worked examples and the technique the Component 3 paper rewards.
Sources & how we know this
- Eduqas A Level Law (A150) specification — WJEC Eduqas (2017)