Law Reform Flashcards
What is Law Reform?
A topic for research is chosen by the Law Commission or referred by the government
Law Commission research law
Law Commission issues consultation paper
Law Commission issues final report
When was the Law Commission Act?
1965
What does the Law Commission consist of?
Full - time body and consists of a chairman who is a High Court Judge, and four other Law Commissioners who are all highly qualified lawyers
Definition of Repeal?
The Act ceases to be law. Only Parliament can repeal an Act of Parliament
Example of Repeal?
The Statue Law (Repeals) Act 2013
Definition of Codification?
Reviewing all the law on one topic and creating a complete code of law
What does the 2015-16 Annual Report state about codification?
Pattern in future is likely to be codification rather than simple consolidation
Definition of Consolidation?
Combining the law from several Acts of Parliament into one Act
Example of Consolidation?
Powers of Criminal Courts Act 2000
Example of Law implemented?
Coroners and Justice Act 2009 - which abolished the defence to murder of provocation and replace it with the defence of loss of control
Advantages of Law Reform?
Areas of law are researched by legal experts
Law Commission consults before finalising the proposals
Whole area of law can be considered, not just small issues
Reform can simplify and modernise the law
Disadvantage of Law Reform?
Must wait for government to bring in the reforms it proposes. Government is often slow to enact reforms
Lack of parliamentary time
Government may not follow all recommendations
Government does not have to consult the Law Commission on change to the law
