Legal reform is a broad term that refers to the process of examining existing laws and proposing changes in order to make them fairer, more effective or better fit societal needs. Often, these efforts are driven by the need to address systemic injustices. For example, racial bias in the criminal justice system may prompt lawmakers to push for law reform. Other times, new societal issues or advancements may necessitate legal reform, such as the need for stronger data protection laws to curb cybercrime.
In many countries, legal reform is a top-down effort led by governmental institutions. These include parliaments, courts, ministries and other disciplinary bodies. The work usually begins with an expert committee that studies the existing laws in the area of interest and examines what other jurisdictions are doing to address the same issue. The committee then makes recommendations to the governing body.
Advocates also work with community organizations to identify their needs and develop strategies for implementing change. This may involve research, advocacy and public relations. For example, advocates may conduct research to show that high litigation costs are hurting small businesses. They will then use their findings to advocate for tort reform. They will also work with PR experts to ensure that their message is well-received by the media and other stakeholders.
In many cases, it’s important to build upon a country’s rooted legal culture and to design reforms that reflect local priorities. This will help produce a more sustainable solution to the justice gap. For example, legal reforms should aim to solve specific problems such as high litigation costs and the inability to access affordable representation.