1A.1.1 The law commission Flashcards
What is the law commission?
It is an independent, permanent and full-time law reform body
What AOP set up the law commission?
The Law Commission Act 1965
Who is the chairman on the LC?
The chairman is a High Court Judge
Who makes up the teams that support the law commissioners?
- Barristers
- Solicitors
- Parliamentary draftsmen
- Researchers
- Administrative staff
What does S3(1) of the LCA65 say?
‘Keep under review all of the law
What is codification? Use an example
Bringing together all the law on a particular topic into one AOP. For example, The Criminal Law and Evidence team published its report on the Law of Murder and Homocide (Nov 2006), which was incorporated into the Coroners and Justice Act 2009
What is consolidation? Describe and example
It brings all statutory provisions (AOPs) into one act. For example, the Education Act 1996 brought many other AOPs into one.
What is an advantage and disadvantage of consolidation?
Advantage
- Makes law more understandable
Disadvantage
- Requires constant updating
What is repeal?
This removes laws that no longer have any use
Why may a law be repealled?
Laws may become out of date and irrelevant
What is referral?
The LC can suggest laws to parliament by following the following process:
- Research
- Working paper
- Consultation
- Report
What are some advantages of the LC?
- They posses legal, non-political expertise
- They are an independent body
- They draft a bill to attach to their reports
- This prevents delays in parliament
What are some disadvantages of the LC?
- Around one third of their recommendations aren’t implemented, they have no real power
- Their investigations into the law can take years
- They are investigating 20-30 areas at once
