Law Reform Flashcards
legal system includes
Legislation made by Parliament, case law made by Judges, and delegated legislation made by devolved powers.
Law Commission
To uphold principles like parliamentary sovereignty and the rule of law, Law Commission must check the various laws made by different institutions in our legal system.
Law Commission roles
• Reform areas of law
• Codify law
• Consolidate law
• Repeal ‘bad’ laws
Law Commission additional info
The Law Commission (created in 1965) chaired by a High Court Judge and four lawyers, reviews and modernizes laws for clarity and efficiency.
The Law Commission on reform
The Law Commission identifies areas needing reform, conducts research, seeks feedback through consultation papers, and presents reports with recommendations, possibly including draft Bills.
codification
codification reviews all laws on a topic, creates comprehensive code that includes existing laws, proposes new ones, and suggests changes to replace unsatisfactory ones.
advantages of codifying/ having all laws in one place
Codifying laws consolidates legal information, making it easier to understand, access, and apply consistently.
disadvantages of codifying/ having all laws in one place
Codifying laws may restrict adaptability, increase complexity, and hinder legal development. costs time and money.
The Law Commission’s proposals don’t have to be adopted by the government. Large codification projects could be seen as a waste of time if not implemented.
consolidation
Consolidation combines existing laws into one Act, simplifying legal understanding. However, some consolidated laws may be changed later by Parliament, suggesting potential challenges in maintaining legal consistency.
repeal
Law Commission can identify old laws that are no longer needed eg.
• 19 Statute Law (Repeal) Acts
• 3,000 out of date Acts repealed
• Parts of thousands of other Acts have been repealed
implementation
Not all Law Commission proposals are adopted. Steps to improve implementation include annual reports by the Lord Chancellor and timely ministerial responses, with a dedicated procedure for uncontroversial reports.
examples of reform
Land Registration Act 2002
Corporate Manslaughter and Corporate Homicide Act 2007
Consumer Rights Act 2015
Land Registration Act 2002
it modernizes land registration in England and Wales. replaces older legislation like the Land Registration Act 1925 and the Land Charges Act 1972.
Corporate Manslaughter and Corporate Homicide Act 2007
it holds organizations responsible for deaths due to serious management failures. replaces the common law offense of gross negligence manslaughter for corporations.
Consumer Rights Act 2015
it consolidates and updates consumer protection laws in the UK, covering goods, services, and digital content. It replaces previous laws, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982.
