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Learning Aims A:Brexit research
In this assignment, I will be researching the law around brexit and discussing the influences
around it.
The first influence is pressure groups being non-political groups. They come together with
a common cause/focus.
There are two types of pressure groups sectional and cause:
Sectional pressure groups are representing the interest of a particular group of people.
They sometimes represent workgroups or professions, for example: BMA (british medical
accusation) promoting the interest for those in a medical profession. Which came under the
law of health and social care 2012.
Caused pressure groups are there to promote a particular case. For example
environmental groups like RSPCA which is raising awareness for the care of animal
protection, which came under the law of animal welfare act 2005.
Pressure groups can also be insider and outsider.
Insider pressure groups are the ones that develop close relationships with the government
departments or official bodies. For example Jamie Oliver wanted the awareness of school
unhealthy diners and forced the government to change it . Law influenced was the
educational (nutritional standards for school food) act 2004.
Outsider pressure groups lack such close business-like links with the government. They
often use dramatic methods. For example, fathers of justice, fathers fighting for their equal
rights of having custody which did not change the law or take too much in consideration but
there were many cases in the court where the fathers won custody.
Pressure groups have disadvantages and advantages. One of the advantages is that
some pressure groups have large membership that can exceed those of political parties
which can raise the issue of concern to a large number of people.For example environmental
groups have made the government much more aware of the damage being done to our
environment by greenhouse gasses.
One of the disadvantages is that it can be argued that some pressure groups seek to impose
their ideas, even though the majority of the public do not support their views. There are also
cases when two of the pressure groups are having conflicting interests and want opposing
things.
Pressure groups influence brexit by campaigning for the Act “Leave.EU”. This is a political
group that started operating in 2015. They played a really important role in Britain leaving the
EU vote in 2016. The campaign is still active nowadays as the british government negotiates
its full exit from the EU.Other examples of the pressure groups can be ‘Vote Leave’ and
‘Britain stronger in Europe’ for the remaining body.
Media can be a huge influence on changing people's perceptions. Especially in the
government to bring the public’s attention.
There have have been many times where media influenced or even changes the law
because of media coverage, for example the murder of Stephen Lawrence, which led to an
injury provoked by Sir William Macpherson and Macpherson Raport published in february
1999. The police was institutionally racist as he was losing a lot of blood the police were
investigating leading to his death and not going after the people that caused the injury. This
led to a Law Commission Report on whether the ‘double jeopardy’ rule should be abolished.
, There are many advantages and disadvantages. One of the advantages are that media
plays an important role in highlighting issues of social concern for example the uk has free
passes being an advantage as members of the press can criticise government policy or
bring any other issue to the attention of the government. But there are also disadvantages
because the media might make the government react so quickly therefore leading to a high
profile incident meaning that a law can be created too quickly not having time to discuss it or
even think about it which may cause other issues.
When brexit began and was in consideration the media played such an important role as it
was all over the Tv news, radios, newspaper and social media to influence the public. Many
people argued between staying and leaving the EU which made the news divide into two
camps, leave and remain.Scholars have argued that most of the national newspaper news
are fake and only made to change people’s opinions to destroy the truth. For example
migration was argued and people have been influenced by many voters' opinions through
media with the tv adverts and als other adverts.
Law commission is a full time body and consists of a chairman who is a High Court Judge.
Currently this lord justice (sir David ) Bean. The law commission was set up in 1965 by the
Law Commission Act 1965.
Codification involved bringing together all the law into one topic one source of law. When it
was first formed aimed at codifying family law, contract law, landlord and tenant laws and the
law of evidence. The law commission spent many years writing a draft criminal code which
was aimed to include the main general principles of criminal law. The draft code was first
published in 1985 but never implemented in the government .
Consolidation is bringing together all existing statutory provisions on a particular topic into
one act of parliament. For example the law on sentencing offenders under the age of 17 was
amended more than 10 times and it was necessary to consult each relevant Act to get a full
picture of the law . Powers of the Criminal Courts (Sentencing) Act 2000 drew all the
sentencing of young offenders acts together.
Repeal means getting rid of the laws, or to identify old Acts which are not longer used to that
Parliament can repeal these acts. An example of a law this was recommended to repeal by
the law commission was the double jeopardy laws which the parliament did repeal through
the Criminal Justice Act 2003.
Pressure groups may lead to change in the law because the Law Commission receives the
views of pressure groups when reviewing law. A specific event may lead to a change in the
law and once the law is changed the body will break up.
One the advantages is that the law commission can also take on immense research and
participate in wide consultations. This recommendation for law improvement is well informed
and helps avoid problems in the application of the law. The law commission is in an
independent and impartial body which is an advantage because they will not get involved in
any party politics. The law commissions can take on investigations given to them by the
government but they can also investigate areas of the law they wish to themselves.
The main disadvantage is that the Law commission must wait for the government to bring
the reforms it proposes. In the next 2 years they were not successful as well, only 50% of its
suggested became law.
The law commission hasn't really played an important role in influencing brexit. It didn't play
in the European Union Act 2018. But the parliament can pass further laws around brexit that
they will probably publish papers advising on the impact of changes or even support
changes to bills.
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