Law reform is a broad term used to describe the work of making changes to laws and legal systems. It’s about examining policies and laws to see where they fall short, how they can be improved, and implementing those changes to strengthen them.
Often, these reforms involve rewriting laws or changing the way those laws are applied. They can include changes to judicial procedures, rules of evidence, or how courts and legal aid providers operate. But legal reform also encompasses broader social change, such as reducing barriers to accessing civil justice or improving the nature of the legal process so it’s more accessible and less traumatizing for people who are experiencing civil legal problems.
While legal reform can be a top-down effort, it’s also often about interacting with different stakeholders to ensure that the work of reform is inclusive and reflects diverse perspectives. This can involve publishing drafts, seeking input from civil society organisations and other experts, and holding public hearings or workshops. It can also include educating people about the new law, or training law enforcement and judicial officers.
Despite this, many reforms have failed, not because they don’t have the support of those who need them, but because they are not backed by sufficient funding and attention in law-making circles. For example, on the criminal side, the plea-bargaining assembly line lumbers along because it is not seen as a priority for funding over medical services, housing, and living expenses.