Law Reform Flashcards
Which Act set up The Law Commission?
LAW COMMISSIONS ACT 1965
What do The Law Commission do?
Make proposals for reform of the law
What do The Law Commission focus on?
Pure law
How do The Law Commission make proposals for law reform?
Research the relevant area of law and publish a consultation document seeking views on possible reform. Then publish a report with its proposals for law reform
When will the proposals become law?
If enacted by Parliament
What is codification of the law?
Reviewing all the law on one topic and then creating a code to cover all aspects of the law on that topic, including existing law as well as creating new law where reform is needed
What is the positive of codifying the law?
All the law is in one place so makes the law easier and simpler to find
What is consolidation of the law?
Combining the law on one topic from several statutes into one statute but the law isn’t reviewed or reformed
What Acts do The Law Commission identify other than those which need to be reformed?
Acts that are no longer used so that Parliament can repeal them
What are the advantages of reform through The Law Commission?
- Law is reviewed by legal experts, who consult before finalising
- whole areas of law can be considered •laws can be easier to find and understand
What are the disadvantages of reform through The Law Commission?
- Parliament may make changes to the proposed reforms without consulting The Law Commission
- the government is slow to implement reforms
- Parliament have a limited amount of time to discuss proposals.
