10 - Law making : Law reform Flashcards
Establishment of the law commision
set up in 1965 in the law comission act
consists of a chair (who is a high court judge) and four other law commisioners
aims of the law commision
to ensure that the law is:
fair
simple
modern
cost effective
what does reform mean
the law commision may update a law. they either choose or are revered areas by the government (that need reforming)
consoltation
the first step in refroming the law
stes out the law and why it needs to be reformed
also includes responses from interested parties
following the consolation the law commision will publish a report
codification
means reciewing all the law on one topic and creating a code of law
the original aim of the law commision was to rewrite all of family,contract and landlord laws
consolidation
drawing all th existing provisions in an area of law together in one act. it isnt reviewed or change, judt brought together
repeal
repealing means the act seases to be law. only parliament can do this but the law commision can advise on which acts should be repealed.
3000 acts have been repealed with the aid of the law commision
advanatges of refrom through the law commision
- saves parliaments time
- law experts research (practical recomendations are made)
- consoltation allows fairness between interested parties
- whole areas of law considered
- simplifies and modernises the law
disadvanatages of the law commision
- government is slow to implement the reforms
- there isnt enough time for parliament to discuss reforms
- parlaiment mauy make changes witoyt benefit of legal expertise