law reform Flashcards
what is the law commission concerned with?
reform
codification
consolidation
repeal
what is reform?
the law commission considers areas of law that need reforming
what is codification?
reviwing all the law on one topic and creating a complete code of law
what is consolidation?
combining the law from several acts of parliament into one act of parliament
what is repeal?
the act ceases to be law
What are the three measures of implementing reform?
The law commission act
A protocol agreed between the government and LC
Dedicated parliamentary procedure
What does the law commission act do ?
Requires the lord chancellor to report to parliament annually on the governments progress on implementing report
What does the protocol set out?
The minister for the relevant department will provide responses as soon as possible within a year of being published
Examples of law implemented
Land registration act
Coroners and justice act
Criminal justice and court act
Advantages of the law commission
Areas of law are researched by legal experts
They consult before finalising
Whole areas of law are considered
Reform can simplify and modernise law
Disadvantages of law commission
The government are slow to enact the reforms
There is a lack of parliamentary time to reform
When reforming, the government may not follow recommendations
Major changes can be made without the law commissions knowledge
