Law Reform Flashcards
What is the primary role of the Law Commission (LC) established by the LC Act [1965]?
To keep under review all the law.
This includes repealing old laws, codification, consolidation, simplification, and modernization of law.
Who comprises the Law Commission?
A chair-person, a High Court judge, and four Law Commissioners (either legal academics or senior judges).
The composition ensures a range of expertise in law reform.
What are the three main tasks of the Law Commission?
- Repeal of old, unnecessary law
- Codification and/or consolidation of the law
- Simplification and modernization of law.
What process does the Law Commission follow after researching an area of law needing reform?
Produces a consultation paper, publicizes it, gathers views, and then produces a report with reform proposals.
Often includes a draft Bill for Government consideration.
What has been the outcome of the repeal of existing laws by the Law Commission by 2015?
3,000 old and unnecessary Acts have been repealed through 19 Statute Law [Repeals] Acts.
What is the goal of consolidation in law?
To place all relevant law in one Act.
This helps streamline legal information and make it more accessible.
Provide an example of a law that resulted from consolidation.
Sentencing Act [2020].
It replaced sentencing practice and law from multiple previous Acts.
What is the intention behind codification of law?
To make the law easier to find, more understandable, and consistent.
List three examples of new laws due to the Law Commission’s recommendations.
§ Unfair Contract Terms Act [1977]
· Contract terms excluding consumer rights are invalid
§ Supply of Goods & Services Act [1982] · Contract terms excluding liability for bad workmanship are invalid § Occupiers Liability Act [1984] · Occupiers of property may be liable to trespassers in limited situations § Fraud Act [2006] · Simplified the law on Fraud § Corporate Manslaughter & Corporate Homicide Act [2007] · Made corporations and organisations liable for deaths caused by their working practices § Criminal Justice & Courts Act [2015] · Created a new offence of inappropriate use of the internet by jurors.
· Contracts [Rights of Third Parties] Act [1999]
· Allows someone not a party to a contract to sue under the contract.
True or False: The Law Commission’s recommendations are always implemented by the Government.
False.
Many recommendations are not prioritized or acted upon by the Government.
What is three advantage of the Law Commission’s composition?
Members have high technical skill and knowledge from a broad range of backgrounds.
LC Reports are usually free from political bias and do recognise the views of society about a particular problem.
Many old and unnecessary laws should be removed from the Statute book.
Commissioners in the LC change every five years which means a different range of views is brought into law reform.
The LC carries out a lot of research before completing its report. This means the recommendations are well thought through & should make good new law. Draft Bills accompany the Report, which reduces delay in Parliament.
What is three disadvantages of the Law Commission’s reports?
The Government does not have to ask the LC to review an area of law, and can ignore any LC report.
The 1993 LC report on reform of the law on non-fatal offences has not been followed, despite this old law [Offences against the Persons Act 1861] needing reform. This is a ‘pure law’ issue – so also not a ‘vote catcher’.
The Government does not have to ask the LC to review an area of law [even if it needs reform] and even if it does ask, the Government can ignore any LC report.
The investigation process is lengthy and the LC investigation may be interrupted by other more important matters.
Fill in the blank: The _______ Act [2006] simplified the law on Fraud.
Fraud
What is one reason the Law Commission’s investigation process may be lengthy?
It may be interrupted by other more important matters.
