The Need For An Independent Law Reform Body

• The legislation of England and Wales originates from a number of sources. This reality makes it vital to hold the legislation under scrutiny, to ensure that it is updated where appropriate, and to seek to maintain it in an open and controlled environment.

• There are several pressures on the manner in which our legislation is created, and the impetus for change will come from a variety of outlets.

• Some of them may have greater influence than most, and in other cases, there might be conflicting factors in the direction the legislation is changed.

• The Government of the day essentially has a crucial influence on what laws should be implemented, and the Government must set the plan for law change at any session of the Parliament. However, most of this would affect more socially oriented fields than 'pure law' reform.

• In fact, we have also shown in Dangerous Dogs Act 1991 that the Actions of Parliament will potentially contribute to further uncertainty and complexity of the legislation.

• This is especially valid when one Statute is intended to modify another such that the legislation is found in a sequence of Laws, both of which must be checked before the legislation can be uncovered.

• Pressure groups provide motivation for the improvement of the legislation. When an issue has a especially high profile, Parliament can bend to popular sentiment and change the legislation. In the advisory process, the Law Commission may also seek the viewpoints of advocacy groups with a specific interest in the field of law under investigation.

• Judges play a role in the restructuring of the legislation through a legal precedent. In certain cases, they might even produce a legal statute, as happened in R v R (1991), where the courts found that a man may be accused of assaulting his child.

• In other instances, the courts that are dissatisfied with the judgment they have to make because of the plain language of the new Act of Parliament or because they are constrained by the previous precedent.
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