Notes · LawUK · A-Levels

Law Reform and the Influence of the European Union

This topic examines how the law is reformed, focusing on the work of the Law Commission and other influences such as Royal Commissions, pressure groups and the media. It also considers the institutions and sources of European Union law and the historic and now-ended influence of EU law on the UK legal system following Brexit.

4 sections~15 min reading time3 competenciesLevel Standard 3 · Advanced 1

T·0555 / 16

Exam profile

AO1 · Demonstrate knowledge and understanding of the agencies of law reform and of EU institutions and sourcesAO3 · Analyse and evaluate the effectiveness of the Law Commission and the influence of EU law on UK lawAO1 · Understand the changed relationship between EU law and UK law after withdrawal

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basic level

AS students should be able to describe the role of the Law Commission and identify the main institutions and sources of EU law.

higher level

Full A-Level answers evaluate the effectiveness of the Law Commission and explain accurately the historic supremacy and direct effect of EU law and its removal on withdrawal.

Depth

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Contents · 4 sections

Law Reform and the Influence of the European Union

The Law Commission#

StandardAQA 7162 - Law reformDfE GCE Law subject content

The Law Commission's reform process

Fig. 1The Commission researches, consults and recommends; only Parliament can turn a report into law.

The Law Commission is the principal law-reform body for England and Wales. Established by the Law Commissions Act 1965, it is a full-time, independent statutory body whose task is to keep the law under review and to recommend reform. Its four main functions are repeal (removing obsolete and unnecessary statutes), consolidation (drawing together into a single Act all the existing statutory provisions on a topic), codification (bringing together all the law - both statute and case law - on an area into a single comprehensive code), and general reform of areas of law that have become defective, unclear or unjust.

The Commission works through a settled process. A topic is referred to it, or selected by it as part of a programme of law reform agreed with the Lord Chancellor. It researches the existing law and the problems with it, then publishes a consultation paper setting out the current law, the defects and provisional proposals, and invites responses from judges, practitioners, academics and the public. After considering the responses it publishes a final report containing its recommendations, usually accompanied by a draft Bill. Implementation, however, depends on the government and Parliament finding the time and will to legislate.

The strengths of the Commission are that it is independent and non-political, that it consults widely and researches thoroughly, and that its work has produced important reforms - for example in areas of criminal law and land law - and a great deal of valuable consolidation and repeal. The Law Commission Act 2009 improved matters by requiring the Lord Chancellor to report annually to Parliament on the implementation of Commission proposals, and by providing a protocol for dealing with reports. Even so, the central weakness is that many of its recommendations are not implemented, or are implemented only after long delay, because law reform competes for scarce parliamentary time against the government's own legislative priorities.

Evaluation therefore recognises the Commission as an authoritative, research-based engine of reform whose effectiveness is limited by its dependence on government. A strong answer measures its work against the alternatives - reform through the courts (piecemeal, dependent on suitable cases) and reform in response to crisis or pressure (rapid but ill-considered) - and reaches a reasoned view on whether the Law Commission is an effective agency of law reform.

Worked example

Model evaluation-essay plan: the effectiveness of the Law Commission

Plan an essay evaluating the Law Commission as an agency of law reform.

Thesis
Argue that the Commission is authoritative and thorough but limited by its dependence on government to implement reform.
Rule / authority
Explain the Law Commissions Act 1965, the four functions and the research-consultation-report process; note the reporting duty added by the Law Commission Act 2009.
Application
Point to successful consolidation and reform, and to the many reports left unimplemented for want of parliamentary time.
Evaluation
Weigh independence, expertise and consultation against non-implementation; compare with reform through the courts or in response to pressure.
Conclusion
Conclude that the Commission is effective in producing high-quality reform proposals but its impact is constrained by government control of the legislative timetable.

Result: The plan explains the Commission's functions and process and evaluates effectiveness against the implementation gap.

Typical mistakes

Confusing consolidation (bringing statutes together) with codification (bringing together all the law, statute and case law).
Overstating the Commission's power; it can only recommend - implementation depends on Parliament.

Active revision

'The Law Commission is an effective agency of law reform.' Analyse and evaluate this statement.

Active recall

Recall the key points — then reveal.

Sources: GCE AS and A level subject content for law (Department for Education) · AQA A-level Law (7162) specification (AQA)

Other influences on law reform#

StandardAQA 7162 - Law reformDfE GCE Law subject content

Besides the Law Commission, the law is reformed through a range of other influences. Royal Commissions are ad hoc bodies set up to investigate a particular area and report; the Royal Commission on Criminal Justice, for example, led to the creation of the Criminal Cases Review Commission. Public inquiries examine matters of serious public concern, often following a disaster or scandal, and can prompt reform - the Macpherson Inquiry into the murder of Stephen Lawrence, for instance, influenced changes affecting policing and the law. These bodies bring focused, expert scrutiny to a defined problem but, like the Law Commission, depend on government to act on their recommendations.

Pressure groups seek to influence the content of the law. Sectional (interest) groups represent the interests of their members, such as a trade union or professional body, while cause (promotional) groups campaign for a cause, such as environmental protection or civil liberties. Pressure groups use lobbying, media campaigns, petitions and, increasingly, strategic litigation to press for reform. Their strength is that they mobilise expertise and public opinion and give a voice to particular interests; their weakness is that the best-resourced groups may exert disproportionate influence, and campaigns can be one-sided.

The media - newspapers, broadcasters and now social media - influence reform by highlighting problems, shaping public opinion and putting pressure on the government to respond. Media campaigns have contributed to specific legal changes, but media-driven reform can be reactive and emotionally charged, producing hasty legislation in response to a single shocking event rather than considered reform. Public petitions, including the parliamentary e-petitions system that can trigger a debate, provide a further channel for public influence.

Evaluation compares these influences with the measured, research-based work of the Law Commission. Royal Commissions and inquiries offer depth on a single issue; pressure groups and the media offer democratic energy and responsiveness but risk producing knee-jerk, poorly drafted law. A strong answer recognises that reform in practice results from the interplay of all these influences with government and Parliament, and evaluates which sources produce the best-quality law.

Worked example

Model answer plan: other influences on reform

Plan an answer on the non-Law-Commission influences on reform.

Issue
Identify the range of influences and the task of evaluating them.
Rule / authority
Identify Royal Commissions and public inquiries, sectional and cause pressure groups, the media and public petitions, with an example of each.
Application
Explain how each operates (investigation and report; lobbying and litigation; campaigns; e-petitions) and its influence on government.
Conclusion
Conclude that responsive influences add democratic energy but risk hasty law, whereas inquiries and commissions add depth.

Result: A strong answer classifies the influences, illustrates each, and evaluates the quality of the reform they produce.

Typical mistakes

Treating pressure groups and the media as formal law-making bodies; they influence reform but do not make law.
Failing to distinguish sectional from cause pressure groups, or offering no concrete example of an influence.

Active revision

Explain the influences, other than the Law Commission, that bring about law reform, and evaluate how effective they are.

Active recall

Recall the key points — then reveal.

Sources: GCE AS and A level subject content for law (Department for Education) · AQA A-level Law (7162) specification (AQA)

EU institutions and sources of EU law#

StandardAQA 7162 - The European UnionDfE GCE Law subject content

Sources of EU law

Fig. 2Primary treaties sit above the secondary law made by the institutions.

The European Union is a supranational organisation with its own institutions and its own sources of law. The principal institutions are the European Commission, which proposes legislation and acts as guardian of the treaties; the Council of the European Union (the Council of Ministers), representing the member-state governments; the European Parliament, directly elected, which shares legislative and budgetary power; and the European Council of heads of state or government, which sets the overall direction. The Court of Justice of the European Union (CJEU) interprets EU law and ensures it is applied uniformly across the member states, and gives preliminary rulings on questions referred by national courts.

EU law has two levels of sources. Primary sources are the founding treaties, which set out the aims, powers and institutions of the Union and create rights and obligations. Secondary sources are the laws made by the institutions under the treaties: regulations, which are directly applicable and binding in their entirety in every member state without the need for national implementing legislation; directives, which bind member states as to the result to be achieved but leave the method of implementation to national law, so they must generally be transposed by a set date; and decisions, which are binding on those to whom they are addressed.

Two doctrines developed by the CJEU gave EU law its distinctive force within member states. Direct effect, established in Van Gend en Loos (1963), allows individuals to rely on directly effective provisions of EU law in their national courts. The doctrine was extended, subject to conditions, to directives against the state (vertical direct effect) in cases such as Van Duyn v Home Office (1974). Supremacy, established in Costa v ENEL (1964), means that where EU law and national law conflict, EU law prevails within the field covered by the treaties. While the UK was a member, these doctrines operated through the European Communities Act 1972.

Understanding these institutions and sources is necessary both to describe how EU law was made and to evaluate its historic influence on the UK. The sources differ importantly in how they take effect - a regulation applies automatically, a directive requires implementation - and this difference matters for the direct-effect doctrine and for the way EU law shaped domestic rights before withdrawal, which the next section addresses.

Worked example

Model answer plan: EU institutions and sources

Plan an answer describing the EU institutions and sources of law.

Issue
Identify the need to describe the institutions and distinguish the sources.
Rule / authority
Name the Commission, Council, Parliament, European Council and CJEU; distinguish primary sources (treaties) from secondary sources (regulations, directives, decisions).
Application
Explain the role of each institution and how each source takes effect, contrasting the directly applicable regulation with the directive that must be transposed.
Conclusion
Conclude that EU law had its own institutions and hierarchy of sources, given force in member states by direct effect and supremacy.

Result: A strong answer distinguishes the institutions and sources accurately and explains how EU law took effect.

Typical mistakes

Confusing a regulation (directly applicable, no implementation needed) with a directive (binds as to result, requires transposition).
Muddling the EU institutions - for example confusing the European Council (heads of government) with the Council of the European Union (ministers) or the Council of Europe (a separate body linked to the ECHR).

Active revision

Explain the institutions of the European Union and distinguish the different sources of EU law.

Active recall

Recall the key points — then reveal.

Sources: GCE AS and A level subject content for law (Department for Education) · AQA A-level Law (7162) specification (AQA)

EU law and the UK after Brexit#

AdvancedAQA 7162 - The European UnionDfE GCE Law subject content

The UK and the EU

Fig. 3EU law shaped UK law for nearly half a century; withdrawal ended its supremacy for the future.

While the UK was a member of the European Union, EU law had a profound influence on the UK legal system. The European Communities Act 1972 gave EU law effect in the UK and required UK courts to give priority to directly effective EU law over inconsistent domestic law. The most striking illustration is the Factortame litigation: in R v Secretary of State for Transport, ex parte Factortame (No 2) (1991), following a ruling from the CJEU, the courts disapplied provisions of the Merchant Shipping Act 1988 that conflicted with EU law - an unprecedented step in which an Act of Parliament was, in effect, set aside. This was reconciled with parliamentary supremacy on the basis that Parliament had voluntarily accepted the limitation by passing the 1972 Act and could reverse it by repealing that Act, which it ultimately did.

EU law shaped substantial areas of UK law, including employment rights, consumer protection, environmental standards and equality law, and the CJEU's rulings on references from UK courts bound those courts on the interpretation of EU law. Directives were transposed into UK law by statute or statutory instrument, and directly effective treaty provisions and regulations could be relied on in UK courts. The interpretive obligation to read domestic law, so far as possible, consistently with EU law (the Marleasing principle) also influenced statutory interpretation, reinforcing the purposive approach.

The position changed fundamentally with the UK's withdrawal from the EU. Following the 2016 referendum, the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 with effect from the end of the implementation period and, to avoid a legal vacuum, converted the body of existing EU law into domestic 'retained EU law' (since renamed 'assimilated law'). Crucially, the supremacy of EU law over UK law was brought to an end for the future: Parliament is once again the unqualified supreme law-maker, and the UK courts are no longer bound by new decisions of the CJEU. Retained EU law can be, and progressively is being, amended or repealed by Parliament like any other domestic law.

Evaluation reflects on both the historic significance and the reversal. The EU chapter demonstrated that parliamentary supremacy could accommodate a voluntary, reversible limitation, and it left a large legacy of substantive law now embedded in the domestic system. Withdrawal has restored the orthodox position of supremacy and removed the CJEU's authority, but it has also created the practical task of reviewing and reforming a vast inherited body of law. A strong answer explains the historic influence accurately and states the current, post-withdrawal position correctly, avoiding the error of treating EU supremacy as still in force.

Worked example

Model evaluation-essay plan: EU law and parliamentary supremacy

Plan an essay evaluating the influence of EU law on the UK and its removal on withdrawal.

Thesis
Argue that EU membership was a real but voluntary and reversible qualification of supremacy, now removed.
Rule / authority
Explain the European Communities Act 1972, direct effect and supremacy, and Factortame (No 2) (1991) disapplying the Merchant Shipping Act 1988.
Application
Show EU law's influence on employment, consumer, environmental and equality law, and on purposive interpretation (Marleasing).
Evaluation
Assess the European Union (Withdrawal) Act 2018: repeal of the 1972 Act, retained/assimilated law, the end of CJEU authority and the restoration of unqualified supremacy.
Conclusion
Conclude that EU membership qualified supremacy only because Parliament chose it, and withdrawal has confirmed that supremacy by reversing the limitation.

Result: The plan explains the historic influence accurately and reaches a reasoned view on supremacy in the light of withdrawal.

Typical mistakes

Stating that EU law still overrides UK law; withdrawal and the EU (Withdrawal) Act 2018 ended EU supremacy in the UK.
Confusing the historic mechanism (Factortame, disapplying an Act under the 1972 Act) with the current position (Parliament again unqualified supreme).

Active revision

'The influence of EU law showed that parliamentary supremacy was never absolute.' Analyse and evaluate this statement in the light of the UK's withdrawal.

Active recall

Recall the key points — then reveal.

Sources: GCE AS and A level subject content for law (Department for Education) · AQA A-level Law (7162) specification (AQA)

References & sources

Sources

Department for Education

GCE AS and A level subject content for law

AQA

AQA A-level Law (7162) specification

Law Reform and the Influence of the European Union

4 sections~15 min reading time3 competenciesLevel Standard 3 · Advanced 1

Law Reform and the Influence of the European Union

Key points

Model evaluation-essay plan: the effectiveness of the Law Commission

Key points

Model answer plan: other influences on reform

Key points

Model answer plan: EU institutions and sources

Key points

Model evaluation-essay plan: EU law and parliamentary supremacy

Sources

Law Reform and the Influence of the European Union

Key points

Model evaluation-essay plan: the effectiveness of the Law Commission

Key points

Model answer plan: other influences on reform

Key points

Model answer plan: EU institutions and sources

Key points

Model evaluation-essay plan: EU law and parliamentary supremacy

Sources