Law Commission Flashcards
what is the law commission?
the statutory independent body set up under Section 3A of the Law Commissions Act 1965.
what is the law commission made up of?
the Acts of Parliament
what is the role of the law commission?
to keep the law in England and Wales under review and recommend reform when required.
what is the first step of the process to reforming law?
- the law commission chooses an area of research or receives a refund from the government via the lord chancellor.
what is the second step of the process to reforming law?
- the law commission conducts research on the law and it’s issues.
what is the third step of the process to reforming law?
- the law commission consults relevant parties through a consultation paper.
what is the last step of the process to reforming law?
- a report is produced including firm proposals for change. a draft bill will often be attached to it.
what are the types of reform?
- repeal
- consolidation
- codification
what is the purpose of repeal?
the law commission can create a statute law (repeal) bill to allow outdated statutes to be removed.
what is the purpose of consolidation?
to bring several acts of parliament to create a new one
i.e. Sale of Goods Act 1979
what is the purpose of codification?
to pull statute and case law into a new act.
what are the strengths of the law commission?
- expertise
- consultation
- thorough
what are the weaknesses of the law commission?
- slow
- can be ignored
- expensive