Essay
Unit 2 - Process of Law Making
- Institution
- PEARSON (PEARSON)
The book I referred to is Pearson National Applied Law
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Unit 2: Investigating aspects of Criminal law and The Legal SystemIntroduction
In this assignment I will be looking at the two learning aims that I have just covered which are
Learning Aim A and Learning Aim B. Learning Aim A is about how statutory instruments are
made and interpreted and Learning Aim B is about how legislation is made outside of
Parliament including the European Union and the several types of councils such as the EU
(European Union) Parliament and the EU council. Furthermore, I will be looking into a scenario
and then I will have to do one big task that is split into two.
In the first part of the task, I will be evaluating Learning Aim A on how the statutory instruments
are made and how they are interpreted. The first thing that I will be doing is explaining the
influences that have impacted on the progress into law of a selected statute. The next thing I
will be doing is explaining the rules of statutory interpretation in relation to the given case
study in scenario one. The last thing I will do in the first part of the task is analysing how
influences and rules of statutory interpretation have affected the law making of government.
In the second part of the task, I will be focusing on Learning Aim B on how legislation is made
outside of parliament. The first thing that I will be going into is applying the various forms of
delegated legislation and their controls to scenario 2. The next thing I will be doing after that is
analysing how effective the control of delegated legislation is. After that I will be using my own
examples to explain other examples of real regulations, directives, and decisions. The las thing
that I will be going into is assessing the impact of EU laws on the UK and how conflict has been
resolved using recent examples.
Overall, I will need to come to a conclusive judgement, having done the entire task and
evaluating the effectiveness of the law-making processes both inside and outside of parliament.
Furthermore, to back up my article I will have a reference list of sources that I used whilst
producing this article.
In this part of the assignment, I will be explaining the influences that have impacted on the
progress into law of a selected statute, I will be explaining the rules of the statutory
interpretation in relation to the given case studies in scenario 1. Furthermore, I will be analysing
how influences and rules of statutory interpretation have affected law making in parliament.
There are several types of influences that have impacted on the progress into law of a selected
statute. One type of influence is the media. The media is a term that is used that covers the way
in which information is reported. Traditionally, media covers TV, radio, newspapers, and
magazines. Sometimes, traditional media can run a campaign in attempt to change a current
legislation. An example of this is the ‘News of the World,’ This campaign was to name and
shame paedophiles. This campaign was established after the murder of Sarah Payne.
This forced Parliament to introduce the Criminal Justice Act 2003. This act also introduced a
reform of the Double Jeopardy rule which allows a suspect to be retried for an offence if there
,is new evidence that has been found. The change was brought about due to media campaigns
after the trial of the suspected killers of Stephen Lawrence.
The media have an impact on the progress because certain newspaper favourites different
movements that try to raise awareness, the newspaper tries to make more people aware of the
situation, which in favour will mean more people will get behind the movement so the
government that are in power will have to talk about it as it continues to grow.
One advantage of the media is that it raises concerns which may lead to the government to
introduce proposals into Parliament. The last advantage about the media is that it can lead to
more public awareness and concern.
However, one disadvantage of the media is that some media sources are not neutral or
impartial and people can express strong or unlawful views all over social media. The last
disadvantage of the media is that because they are businesses, they may run a campaign to sell
copies and expand readership rather than reform.
Furthermore, another type of media is radio. The radio is influential because a lot of people
listen to the radio during the day and especially in the morning. The radio allowed the members
of the public to hold debates in a public forum about certain laws and cases. The radio intends
to get people engaged with discussion by inviting people on to speak that are part of the
ordinary public.
What this achieves is that it influences people by getting people on who also agree with radio.
This will cause a domino effect as it will lead to more people acknowledging the movement. The
media’s influence on the Green Space Preservation Act 2018 may have been a very influential
part of this Act because they could have influenced the public into backing the movement but
also the media is worldwide so it could have forced the government to decide. The role that the
Media could have had on the statute is that it will have enhanced a movement that would have
been before the statute was introduced.
The Law Commission’s influence could have been that they originally changed this act into what
is it today. The role that the law commission could have had is that they might have tweaked
the original act into what it is today.
The next influence that can impact the progress of statutes are pressure groups. There are 4
types of pressure groups, insider, outsider, sectional, and cause groups. Sectional pressure
groups try and promote the interests of their members. Cause groups promote an idea or
belief. Insider groups are influential and have access to government ministers, officials and law
makers and Outsider groups are not influential ad do not have access to law makers.
The aim of the pressure groups is to try and influence government and Parliament to legislate
on matters of interest to them. They might use different methods whilst promoting their
campaign by having petitions, marching or and strikes. Each of these have an impact of the law
making of statutes because just like the newspapers, they will want to spread the word of what
, they are worried about to make more people come abroad with the movement so that the
government will have to talk about it and decide if they want to act on it or not.
The pressure group’s influence on the Act may have been quite influential because normally
pressure groups start the movement, so they might have been the start of this statute being
introduced. The role that the pressure groups might have been that they started the act in the
first place.
One advantage of pressure groups is that they raise public awareness of an issue. Another
advantage of pressure groups is that large groups can have a huge membership which
politicians do not want to upset. The last advantage of pressure groups is that they have
considerable detailed knowledge of their interest.
However, on the other side, there are some disadvantages. One disadvantage of pressure
groups is that they may be biased in favour of their cause and not be able to consider alternate
views. Another disadvantage of pressure groups is that Outsider groups may be prepared to
resort to violence or criminal actions to promote their cause. The last disadvantage of pressure
groups is that supporters of pressure groups may represent only a small proportion of the
population.
The last influence of law making is the law commission. The Law Commission is an independent
body set up by the Law Commissions Act 1965. Their role is to keep reviewing and
recommending any reforms that are needed. It focuses on the codification of existing laws and
the repeal of obsolete law. The law Commission has five full-time commissioners, who are
experiences lawyers who are each responsible for a specific area of law.
An investigation will research the current law and a working paper will be produced with soe
suggestions for reform. The working paper will be circulated to lawyers interested in the issue
asking for the comments. A final report will be issued together with a bill. The government will
the decide whether to introduce the bill into Parliament. The law commission checks/reviews
current statutes to check if they are still useful or if they need to be change. The reason that the
Law Commission is a huge influence is because if they say that a statute needs to change then
the government will need to amend the statute that they are concerned about.
Furthermore, they can say yes or no to new statute that the government want to put into
place. The Law commission’s influence could have been that they originally changed this act
into what is it today. The role that the law commission could have had is that they might have
tweaked the original act into what it is today.
An impact that influences such as the media and pressure groups have is that they can try and
‘pressure’ the government into making a new Act or not making a new Act.
An advantage of this is if there is a lot of people who are backing a certain pressure group or
media movement then most likely it will benefit the rest of the country. Furthermore, it will
mean that the government will make or not make a new act that will have the nation’s best
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