Law commissions influence of parliament Flashcards
What act was the law commission established by?
The law commission act of 1965
What does the law commission do and what do they consist of?
They help make new acts. They are a panel of 5 well qualified and experienced lawyers who are appointed by the lord chancellor.
Who is the current chairman of the law commission?
Mr Justice Fraser
What is the job of the law commission under section 3?
“To keep under review all the law”
What are the 5 duties of the law commission?
- codifying the law
- Consolidation
- Repeal
- Proposes change
- Investigate referrals
What is codifying the law?
Where all the law in a particular area is brought together. For example, the law relating to a certain matter may exist in statute, common law (case law) and European law. To make it easier to find all the law in one area, the law commission may draft a new bill that brings all this law together. The commission have attempted this recently in their report, Law of Murder and Homicide (2006)
What is consolidation?
This its where the law commission bring together all the laws contained in several different statutes into one. So the same type of Act into one. They did this with the education aCT 1996
What is repeals?
This is where the commission identify old or obsolete laws that need removal. This helps tidy up the law and keep it relevant. However, a law can’t just be removed it has to be replaced with another law/Act
How do the law commission propose change?
They look into existing law , identify ways to improve its application or adapt to changes in society. This happened with the computer misuse act 1900 which tackled the increase of hacking. The law commission stepped in and questioned the government as to what they are going to do about this problem.
How does the law commission investigate referrals?
The law commission is sometimes asked by the government to look into particular matters and suggest improvement. The commission will investigate and then issue a report and draft Bill. This is sometimes adopted by the government and made into law.
What does the commission do last?
The commission puts forward its final recommendations often accompanied by a draft bill. Recent legislation based on law commission proposals includes the law Reform (Year and a day rule) Act 1996 and the contracts