Law reform Flashcards

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1
Q

Who deals with law reform?

A

Law commissions
Royal commissions
Judge-led inquiries

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2
Q

When was the law commission created?

A

It was created by the Law Commissions Act 1965.

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3
Q

What is the law commission?

A

An independent body that aims to ensure the law is as fair, modern, simple and cost-effective as possible.

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4
Q

What is the duty of the Law
Commission under s3 Law
Commissions Act 1965?

A

To keep all of the law under review and to simplify and modernise the law.

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5
Q

What are the four main areas of Law Commission?

A

Reform
Codification
Consolidation
Repeal

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6
Q

What is meant by reform of the law?

A

Identifying outdated, unclear, or unfair laws and recommending changes.

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7
Q

What is codification?

A

Collecting together laws on one subject into one set of rules.

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8
Q

What is consolidation?

A

Collecting together existing laws on one subject into one statute.

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9
Q

What is repeal?

A

Removing obsolete and out-of-date Acts.

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10
Q

What are advantages of the law commission?

A

Research is done by legal experts so is likely to be comprehensive and accurate

Likely to be free from political bias

It has made a large contribution to simplifying and modernising whole areas of law

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11
Q

What are disadvantages of the law commission?

A

Many of the Law Commission’s reports go unimplemented - this means some areas of law may remain outdated and difficult to understand which is contrary to the rule of law

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12
Q

What are royal commissions?

A

Advisory committees established by the government to investigate a matter of public concern on a one-off basis.

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13
Q

Why do the government use royal commissions?

A

To take an independent look at controversial issues.

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14
Q

What are advantages of royal commissions?

A

They are independent so can tackle politically sensitive issues in an unbiased way.

Membership includes non-lawyers allowing them to bring people with expertise in different areas.

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15
Q

What are disadvantages of royal commissions?

A

They are rarely used

Political considerations often mean that recommendations go unimplemented

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16
Q

What is a judge-led inquiry?

A

When a judge is appointed by the government to look into a specific area of the legal system or law.

17
Q

What are advantages of judge-led inquiries?

A

Those conducting the review have considerable expertise which enables inquiries to deal with complex and specialist topics.

18
Q

What are disadvantages of judge-led inquiries?

A

Those who are not legal experts are not best placed to assess the legal system and its needs.