ELS-Law Reform Flashcards
What is the Law Commission’s role?
To advise Parliament on areas of the law in need of reform
When was the Law Commission set up?
1965
Who is the Law Commission comprised of?
A High Court Judge and 4 other lawyers
How does the Law Commission choose areas of focus?
Look at those which:
- are referred to it by the Lord Chancellor on behalf of the government
- are chosen by itself, subject to governmental approval.
Process of Law Reform.
Topic identified
Law Commission researches topic
Issues consultation document
Final report
What are the 3 ways areas of law are covered by the Law Commission?
Codification
Consolidation
Repeal
What is codification?
Where an area of law is brought together under one new Act of Parliament
How has the Law Commission’s approach yo codification changed over time?
Introduced = set out an ambitious programme of codification and even published draft Criminal Code in 1985 though it never when through Parliament
Recent decades = has been less ambitious and focuses on smaller areas in need of codifying
Define consolidation
Where only existing law is bought together and no new changed are made
Why is the work of consolidation said to be never done?
Since Parliament changes some areas of law often, Acts which serve to consolidate the law can quickly become out-of-date
Give an example of where a new consolidation act is needed since the law is alwaslys changing.
Act consulting sentencing laws = Powers of Criminal Court (Sentencing) Act 2000
Criminal Justice and Courts Services Act 2000 made amendments
Criminal Justice Act 2003
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Define repeal
Where the LC identifies old Acts which are no longer used so Parliament can repeal them
By 2015, how many out-of-date Acts had been repealed on the LC’s advice?
3000
Advantages of LC
Written by experts
Based on consultation
Disadvantages of LC
Lack of implementation by Parliament
