Law reform Flashcards
Law commission was set up
in?
1965
What was the act that brought the law commission into place?
Law commissions act 1965
What is the law commission?
A full time body which consists of a chairman (high court judge) and 4 other law commissioners
Role of the law commission is set out in which section of the law commissions act 1965?
S3
Bills journey through parliament (law reform).
•A topic for research is chosen by the law commission or referred by the gov
•Law commission researches law
•Law commission issues consultation paper
•Law commission issues final report
The 4 things law commission do?
Reform
Codification
Consolidation
Repeal
Codification meaning
Reviewing all the law on one topic and creating a complet code of law
Consolidation meaning
Combing the law from several acts of parliament into one act of parliament
Repeal of an act of parliament definition
The act ceases to be law.
Only parliament can repeal an act of parliament
Function of the law
commission
Keep the law under review with a view to its systematic development and reform, including codification and repeal.
Recent reforms
Consumer rights act 2015 giving consumers the legal right to reject faulty goods
Advantages of law commission
•Law is researched by legal experts
•There is consultation before drawing up proposals
•Whole areas of law are considered
•Can bring the law on one topic together in one act
•Simplifies and modernises the law
Disadvantages of law commission
•The gov is slow to implement the reforms
•Some reforms may never be implemented
•The lack of parliamentary time to discuss the proposed law reforms
•Parliament may make changes to the proposed reforms without the benefit of legal expertise