Legal reform is a way to make laws more just, fairer or more efficient. It can be triggered by a crisis (war, epidemic, natural disaster) or by an opportunity (the need for new rules to guide businesses in a changing economy). It is often influenced by public pressure, the need to address a particular social injustice or the need to keep up with advances in technology. It can also be driven by the need to change cultural norms, such as sexual permissiveness or a desire for more transparency.
Law reform is typically carried out by a Law Reform Commission, which is a body that examines specific areas of the law in great depth. It is made up of people who represent community interests, and is usually open to members of the general public. The Commission will carry out extensive research into the area of law that it is looking at and then publish a Scoping, Issues or Discussion Paper which discusses its findings and invites submissions from anyone with views on the matter.
While there are many positive signs for the future of the law, we must be vigilant to ensure that any coming changes actually close the justice gap, and not widen it, particularly for those who need help the most. This article aims to equip students with the tools they need to understand how laws change, and to engage with the process of legal reform in a meaningful way.
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