Law reform

Question 1

When was the law commission set up?

Answer 1

1965

Question 2

What is the act that set up the law commission?

Answer 2

LAW COMMISSION ACT 1965

Question 3

What does the law commission consist of?

Answer 3

A full time body and consist of chairman who is a high court judge, a four other law commissioners who are all highly qualified lawyers.

Question 4

What is the role of the law commission?

Answer 4

To keep the law under review.

Question 5

What is the work of the law commission?

Answer 5

1. Makes proposals for reform of the law
2. Makes proposals for codifying the law.
3. Makes proposals for consolidating statute law.
4. Identifies old acts of parliament which are no longer in use, so parliament can repeal these acts.

Question 6

What does the law commission focus on?

Answer 6

Pure law e.g. criminal law, contract law, law of tort.

Question 7

What would the law commission do when they research the relevant area of law that needs to be reform?

Answer 7

Publish a consultation paper seeking views on possible reform.

Question 8

What would the law commission do after the consultation paper?

Answer 8

Publish a report with its proposals for law reform. A draft bill may be attached.

Question 9

When will the proposals become law?

Answer 9

If enacted by parliament.

Question 10

What is codification?

Answer 10

Reviewing all the law on one topic and then creating a code to cover all aspects of the law on that topic.

Question 11

Why do codification?

Answer 11

All the law is one place and it makes the law simpler and easier to find.

Question 12

What is consolidation?

Answer 12

Involves combining the law on one topic from several statutes into one statute.

Question 13

Why do consolidation?

Answer 13

This is needed because in some areas of the law there are number of statues, each of which sets out a small part of the total law.

Question 14

What are the advantages of reform through law commission?

Answer 14

• Reviewed by legal experts
• Consults before finalising it’s proposals for law reform
• Whole areas of law can be considered.
• If parliament enact to reform of a whole area of law, then the law is in one statute, such as CONSUMER RIGHTS ACT 2015.

Question 15

What are the disadvantages of reform through the law commission?

Answer 15

• Parliament may make changes to the proposed reforms without consulting the law commission.
• Some Law Commission reports have not been made law.
• Parliament only has limited amount of time to discuss proposals for ‘pure law’ reform.
• Some proposals may never be implemented.