Chapter 7 Law making: law reform Flashcards
Law commission was set up in?
1965
What was the act that brought the law commission into place?
Law commissions act 1965
What is the law commission?
A full time body which consists of a chairman (high court judge) and 4 other law commissioners
Role of the law commission is set out in which section of the law commissions act 1965?
S3
Bills journey through parliament (law reform).
A topic for research is chosen by the law commission or referred by the Gov
Law commission researches law
Law commission issues consultation paper
Law commission issues final report
The 4 things law commission do?
Reform
Codification
Consolidation
Repeal
Codification meaning
Reviewing all the law on one topic and creating a complet code of law
Consolidation meaning
Combing the law from several acts of parliament into one act of parliament
Repeal of an act of parliament definition
The act ceases to be law.
Only parliament can repeal an act of parliament
Function of the law commission
Keep the law under review with a view to its systematic development and reform , including codification and repeal.
Recent reforms
Coroners and Justice act 2009 abolishing defence of provocation
Consumer rights act 2015 giving consumers the legal right to reject faulty goods
Success rate of the law commission
First 10 years 85%
Second 10 years 50%
Since improved
Overall (1965-2016) 66% of reform reports became law
Advantages of law commission
Law is researched by legal experts
There is consultation before drawing up proposals
Whole areas of law are considered
Can bring the law on one topic together in one act
Simplifies and modernises the law
Disadvantages of law commission
The gov is slow to implement the reforms
Some reforms may never be implemented
The lack of parliamentary time to discuss the proposed law reforms
Parliament may make changes to the proposed reforms without the benefit of legal expertise
