7-Law Making: Law reform

Question 1

When was the Law Commission set up?

Answer 1

1965

Question 2

What act set up the Law Commission?

Answer 2

Law Commissions Act 1965

Question 3

What are the duties of the Law Commission under s3 Law Commissions Act 1965?

Answer 3

1) Reform
2) Codification-Bringing a general code to an area of law
3) Consolidation-bringing laws into 1 act etc.
4) Repealing

Question 4

What Act replaced the Law Commission Act 1985?

Answer 4

Law Commission Act 2009

Question 5

What was the need for a new Law Commission Act after the first one was introduced in 1985?

Answer 5

The Law Commissions proposals were not being implemented.

Question 6

How did the Law Commission 2009 Act differ from its predecessor Act?

Answer 6

1) Lord Chancellor had to report to Parliament on Gov progress in implementing reports.
2) Minister for relevant department must give an interim and a final response within a year.
3) Parliamentary procedure to implement reports that are ‘uncontroversial’.

Question 7

One example of an Act that was implemented through a Law Commission report?

Answer 7

Consumer Rights Act 2015

Question 8

Advantages of law reform through the Law Commission?

Answer 8

1) Researched by legal experts
2) Whole areas of law considered, not just small issues
3) If Parliament enacts reform, then the new law is in one Act-easier to find and understand.
4) Reform can simplify and modernise the law.

Question 9

Disadvantages of law reform through the Law Commission?

Answer 9

1) Failure of Parliament to implement reforms-Non-Fatal Offences Against the Person
2) Lack of Parliamentary time.

Question 10

What area of law demonstrates that Law Commission reports are not always implemented?

Answer 10

Non-Fatal Offences Against the Person