Law Reform Flashcards
What is the Law commission?
-Created by the law commission act 1965
-An independent body
-Aims to ensure the law is as fair, modern, simple and cost effective as possible.
What does the law commission consist of?
The law commission consist of a chair and 4 other commissions. The chair. The chair either a high court or an appeal court judge, appointed to the commission by the Lord Chancellor and Secretary of state for justice for up to 3 years.
Who are the law commissioners appointed by?
-Commissioners are appointed by the lord chancellor and Secretary of state for justice for up to 5 years although their appointments can be extended.
-Commissioners are appointed on a full-time basis, but may undertake other work including judicial training and service.
What is the role of the law commission?
The law commission Act 1965 the duty of the Law commission is to keep all of the law under review with a view to its systematic development and reform
What is the work for the law commission?
Reform, codification, consolidation and repeal
How can parliament change the law by CREATION OF A NEW LAW?
CREATION OF NEW LAW
- Completely new laws are written in response to public demand or because of pressure from other groups.
- Existing provisions can also be adapted for new needs
EG. Criminal Justice Act 2005
How can parliament change the law by CONSOLIDATION?
CONSOLIDATION
- When problems have appeared over time and new legislation is enacted to amend it
- Where successive statues on the same subject are brought together.
EG. Companies Act 2006 - brought various items of company law together under on Act.
How can parliament change the law by CODIFICATION?
CODIFICATION
- Where a particular area of law has developed over time, a large body of case law and statues can make the law confusing.
- This process brings together all the rules into one statue to increase certainty.
EG. Police and criminal evidence Act 1984- clarifies the balance between the powers of the police and the rights and freedoms of the public
How can parliament change the law by REPEAL?
REPEAL
- Old and absolute laws are removed
- Out of date statutes are taken off the statute books after a long time.
EG. Statute law repeal Act 2013- repealed 817 Acts of parliament, and portions of more than 50 others
Why is research done by legal experts an advantage of the law commission?
Research done by legal experts is likely to be comprehensive and accurate, particularly given the breadth of consultation. It is also more likely to be free from political bias
What is one problem codification ?
Attempts to codify the law have been largely unsuccessful. When launched, the Law Commission announced its intention to codify family, contract, landlord and tenant and evidence law. None of these attempts were successful.
Despite a series of working papers and a draft code, the criminal law has not been codified either.
This is partly because judges were concerned at losing decades of case law, and partly because of concern at how widely drafted and rigid codes have to be.
Why is it an advantage if the law commission - considered all areas of law?
The law commission, unlike judges, can consider the big picture and look at overall areas of law, allowing them to consider wider issues such as consistency and clarity rather than looking at individual issues in isolation.
Why is the law commission making a large contribution an advantage?
The law commission has made a large contribution to simplifying and modernising whole areas of law such as contract law via the Unfair Contract Terms Act 1977. This has made the law fairer and more ascertainable which accords with the rule of law.
Why is it a disadvantage of the law commission is that they are not legally obliged?
The government is not legally obliged to consul the Law Commission about any new laws of its own it wishes to introduce.
This means that any such laws passed could frustrate attempts at law reform or even make matters worse, particularly if the government is pursuing a political objective rather than looking dispassionately at the law.
What is the royal commission?
-Royal commission are advisory committees established by the government to investigate a matter of public concern on a one off basis
-They are often used by the government to take a demonstrably independent look at controversial issues
-The government dictates the size of a Royal commission, its chairperson, membership and remit
