Law Reform

Question 1

How does the Law Commission Work?

Answer 1

1. A topic for research is chosen by the Law Commission or referred by Government
2. Law Commission researches the law
3. Law commission issues consultation paper
4. Law commission issues final report

Question 2

What is Codification?

Answer 2

Bringing together all the law on one topic into one complete code of law, making it easier to find.

Question 3

When was the Law Commission formed?

Answer 3

1965

Question 4

What is Consolidation?

Answer 4

Combining the law from several Acts into one Act of Parliament, to make it more accessible

Question 5

What is a Repeal of an Act of Parliament?

Answer 5

This means the Act ceases to be law. Only Parliament can repeal Acts.

Question 6

What measures ensure that more reforms are implemented?

Answer 6

1. The Law Commission Act 2009 amending the 1965 Act, which places a requirement on the Lord Chancellor to report annually on the government’s progress in implementing reports.
2. A dedicated parliamentary procedure to implement Law Commission reports regarded ‘uncontroversial’. Since 2010, six Acts have passed through this procedure.

Question 7

What is the function of the Law Commission?

Answer 7

To keep the law under review with a view to its systematic development and reform, including codification and repeal

Question 8

Success rate of Law Commission

Answer 8

Overall (1965-2016) 66% of reform reports became law

Question 9

Example of recent reforms following Law Commission reports

Answer 9

Consumer Rights Act 2015, giving consumers the legal right to reject faulty goods

Question 10

Advantages of the Law Commission

Answer 10

• areas of the law are researched by legal experts
• it is non-political
  -consults before finalising proposals
  -whole areas of law are considered
  -make law easier to find and understand (Criminal Courts Act 2000)
• reform can simplify and modernise the law

Question 11

Disadvantages of the Law Commission

Answer 11

-Failure of Parliament to implement reforms (e.g. OAPA 1861)
-Lack of Parliamentary time
-Government doesn’t have to consult the Law Commission on changes of the law

Question 12

What are Royal Commissions?

Answer 12

Temporary committees set up to investigate and report on one specific area of law (e.g. Royal Commission on Police Procedure reported in 1981)

In the twenty-first century, the use of Royal Commissions has effectively been abandoned

Question 13

What are reviews by Judges?

Answer 13

asking a judge to lead an investigation into specific areas of the law. (e.g. Woolf Committee 1999)

Apart from judges, business people are occasionally asked to review some areas (Clementi Report 2004)