Law Commission Flashcards

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1
Q

what is the law commission?

A

the statutory independent body set up under Section 3A of the Law Commissions Act 1965.

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2
Q

what is the law commission made up of?

A

the Acts of Parliament

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3
Q

what is the role of the law commission?

A

to keep the law in England and Wales under review and recommend reform when required.

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4
Q

what is the first step of the process to reforming law?

A
  1. the law commission chooses an area of research or receives a refund from the government via the lord chancellor.
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5
Q

what is the second step of the process to reforming law?

A
  1. the law commission conducts research on the law and it’s issues.
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6
Q

what is the third step of the process to reforming law?

A
  1. the law commission consults relevant parties through a consultation paper.
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7
Q

what is the last step of the process to reforming law?

A
  1. a report is produced including firm proposals for change. a draft bill will often be attached to it.
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8
Q

what are the types of reform?

A
  • repeal
  • consolidation
  • codification
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9
Q

what is the purpose of repeal?

A

the law commission can create a statute law (repeal) bill to allow outdated statutes to be removed.

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10
Q

what is the purpose of consolidation?

A

to bring several acts of parliament to create a new one
i.e. Sale of Goods Act 1979

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11
Q

what is the purpose of codification?

A

to pull statute and case law into a new act.

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12
Q

what are the strengths of the law commission?

A
  • expertise
  • consultation
  • thorough
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13
Q

what are the weaknesses of the law commission?

A
  • slow
  • can be ignored
  • expensive
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