Law Commission (P2)

Question 1

What is the Law Commission?

Answer 1

The Law Commission was set up in 1965 by the Law Commissions Act 1965. It is a full-time body and consists of a Chairman who is a High Court Judge, and four other Law Commissioners who are all highly qualified lawyers. Also support staff to assist with research.

Question 2

What is the Law Commission concerned with?

Answer 2

1. Systematic development and reform
2. Codification
3. Repeal

Question 3

How does the Law Commission work?

Answer 3

By researching the area of law that is thought to be in need of reform

Question 4

What is codification?

Answer 4

reviewing all the law on one topic and creating a complete code of law.

Question 5

What is consolidation?

Answer 5

combining the law from several Acts of Parliament to one Act of Parliament.

Question 6

What is the Repeal of an Act of Parliament?

Answer 6

the Act ceases to be law. Only Parliament can repeal an Act of Parliament.

Question 7

What are the advantages of reform through the Law Commission?

Answer 7

1. Areas of law are researched by legal experts
2. The Law Commission consults before finalising its proposals
3. Whole areas of law can be considered, not just small issues
4. if Parliament enacts the reform of a whole area of law, then the law is in one Act, such as the Land Registration Act 2002 and it is easier to find and understand
5. Reform can simplify and modernise the law.

Question 8

What are the disadvantages of reform through the Law Commission?

Answer 8

1. Failure to implement reforms: the LC have to wait for the government to bring in reforms it proposes. The government is often slow.
2. Lack of Parliamentary time: there is a problem with the amount of time available in Parliament. A lot of time has to be given to financial matters. Limited time given to law reform.