Law Commission Flashcards
Is this body full of part time?
Full time
Who does the law commission consist of?
A chairperson, a high court judge, four other law commissioners who are experts in law areas
What is the act that outlined the role, function and responsibilities of the law commission?
The law commissions act
The role of law commission set in S3 of the act. What can it do ?
•to review areas of law
•to codify or consolidate areas of law
•to repeal old unnecessary law
•simplfy and modernise law
Who refers topics to the law commission for reform?
Government
What is the statute law (repeals) act and why is 2015 important?
Investigateing old unnecessary statue is still required, 2015-19 has a total 3000 old acts repealed
What is the difference between consolidation and codification?
Consolidation is to draw existing acts together to be more accessible
Codification is to bring the last both statutory and judicial into one single law
What % of the proposals after the law commission were enacted
85% an example is unfair contract terms 1977
Why is only around 50% of suggestions becoming law?
Lack of parliament time and interest
Why was the law commission act 2009 important?
Tried to deal with the non acceptance of it’s reports, now requiring Lord chancellor to tell parliament each year why the government decided not to implement proposals
What was one of the law commissions successful reforms?
The Freud act 2006
Advantages of the law commission
•legally qualified commissioners
•politically independent
•recommendations accepted by P, makes the law more accessible for the public and lawyers
Disadvantages of the law commission?
•governments are reluctant to find time to debate the law commission’s recommendations
•governments not bought to accept the law commission’s reports
•government not bound to cult the law commission before bringing any changes in law
