Advantages & Disadvantages of Law Commission Reports

Question 1

Advantages

Answer 1

• Areas of law are researched by legal experts.
• It’s non-political
• LC consults before finalising its proposals.
• Whole areas of law can be considered, not just small issues.
• Reform can simplify and modernise the law.
• If Parliament enacts the reform of a whole area of law, then the law is in one act, such as the Powers of Criminal Courts (Sentencing) Act 2000, and it is easier to find and understand.

Question 2

DisAdv; Failure to Parliament to Implement Reforms

Answer 2

• LC has to wait for gov’t to bring in reforms it proposes.
• Gov’t is too slow to enact reforms and some effective reports aren’t made law.
• OAPA 1861, in serious need of reform.

Question 3

DisAdv; Lack of Parliamentary

Time

Answer 3

• Problem with the amount of time available in Parliament, Brexit, finance, taxation
• Only small time can be wasted on law reform.

Question 4

DisAdv; Accept Recommendations

Answer 4

• Gov’t may accept recommendations but not follow all of them when reforming the law.
• As bills go through Parliament, wording may be different to one proposed by law commission.
• Law can be less satisfactory due to this.

Question 5

DisAdv; No Consultation by Gov’t

Answer 5

• P’ment doesn’t have to consult LC when reforming law further for anymore technicalities involved in the law.
• Major changes can be made without benefit of Law Commission’s legal knowledge and research.