Law reform Flashcards
what areas of the law does the LC consider
ones in need of reform
what are the key requirements of the law reform bodies
-systematic development and reform
-codification
-consolidation
-repeal
LC development and reform
-The commission may choose areas in need of reform
-Lord Chancellor (on behalf of Govt) may ask the LC to look into specific areas of law
-The LC then researches the area of law and produces a consultation paper which explains the law and examines options for reform.
- Following the consultation, the Commission will then produce a final report which recommends changes and may attach a draft Bill.
-However, it is up to the Government whether to push the Bill through Parliament.
example of the law commission
modern disposal of dead bodies- looks at new modern ways a body can be disposed that conforms with the deceased wishes
What is codification
bringing together several related acts and all amendments into a single new act
what is consolidation
bring together a number of existing Acts of Parliament on the same subject into one Act without changing the law in any way.
what is repeal
ends a law that is no longer valid
3 advantages of reform through the law commission
1) law is researched by legal experts
2) Simplifies and modernises the law
3) whole areas of law are considered
3 disadvantages of reform through the law
1) the government is slow to implement these reforms
2)some reforms may never be implemented
3)Lack of parliamentary time to discuss the proposed law reforms