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Wednesday, January 23, 2013

Where does the impetus for law reform come fromand which bodies could reform the law?

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Where does the impetus for law reform come from


and which bodies could reform the law?


In order for a legal system to succeed it can not be static. As the institutions of society are always changing, the legal procedures and the law itself need to adjust to these changes to maintain the respect and support of the public.


There are many institutions which contribute to law reform such as The Judges, parliament, pressure groups, and public opinion. However, responsibility for the law is so diverse that there is no single body that is liable for the responsibility for reform, e.g. The Home Secretary is but it was not until 11 that the Court of Appeal and then the House of Lords made this law occur. Before 11 Sir Matthew Hale an eighteenth century jurist stated that by marrying a man, a women consents to sexual intercourse and may not retract that consent. Hales assertion was disputed by Lord Keith who stated that Hales opinions reflected tThere are many institutions which contribute to law reform such as The Judges, parliament, pressure groups, and public opinion. However, responsibility for the law is so diverse that there is no single body that is liable for the responsibility for reform, e.g. The Home Secretary is responsible for the criminal law, whilst the Lord Chancellor takes responsibility for the courts and both civil and criminal procedure., but it was not until 11 that the Court of Appeal and then the House of Lords made this law occur. Before 11 Sir Matthew Hale an eighteenth century jurist stated that by marrying a man, a women consents to sexual intercourse and may not retract that consent. Hales assertion was disputed by Lord Keith who stated that Hales opinions reflected the status of women in his days. However the status of women and marriage situations are continually changing and becoming more equal and the common law was able to evolve to reflect these changes in society.


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Major reforms such as this are rarely formed by the courts, judicial reform would not be adequate as a sole agency of reform. Norman Marsh criticises judicial reform in Law Reform in the U.K, some of the points he argues are that judges cannot commission research or use any information derived from existing research for use as evidence, secondly judicial decisions are retrospective in nature and thirdly he feels that judges are not





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