Describe The Work Of Law Commission Flashcards
What is the Law Commission?
The Law Commission is an independent, permanent, and full-time law reform body set up by the Law Commissions Act 1965.
Who is the Law Commission made up of ?
It consists of a Chairman who is a High Court judge and four Law Commissioners who are experienced practising or academic lawyers, with support staff to assist with research.
What is the role of the Law Commission under Section 3(1) of the 1965 Act?
The role is to ‘keep under review all the law’ and concentrate on ‘pure law’.
How can areas in need of reform be referred to the Law Commission?
Areas may be referred by the government, or the Commission may select areas itself before seeking the government’s approval to draft a report.
What does the Law Commission do after researching an area of law?
It publishes a consultation paper describing the current law and options for reform.
What happens after the consultation paper is published?
Following the response, the Commission will draw up proposals for reform in a final report, often with a draft Bill attached.
What does the Law Commission Act 2009 require from the government?
The government must give reasons for deciding not to implement law reform suggested by the Law Commission.
Can you name some laws passed as a result of Law Commission reports?
Examples include the Occupiers Liability Act 1984, the Coroners and Justice Act 2009, and the Consumer Rights Act 2015.
What is meant by ‘tidying up the statute book’?
The Law Commission has repealed more than 3,000 out-of-date Acts of Parliament and parts of thousands of other Acts.
How does the Law Commission consolidate the law?
It consolidates the law by drawing together several Acts of Parliament into one Act.
Can you give an example of a consolidated Act?
The Powers of the Criminal Courts (Sentencing) Act 2000 brought together several different Acts regarding sentencing.
What is the role of the Law Commission?
The Law Commission codifies laws by bringing together all of the law in an area into one code.
What areas of law has the Law Commission tried to codify?
The Law Commission has tried to codify contract, family, and criminal law.
When was a draft Criminal Code published?
A draft Criminal Code was published in 1989.
What has happened to large codification schemes by the Law Commission?
These large schemes have been gradually abandoned in favour of the codification of smaller areas of law.
