law reform Flashcards
what is the law commission
an independent body , made up of a high court judge , who is the chairman ,4 other law commissioners, solicitors or teacher in law
what are the function of the la commission
reform
codification
consolidation
repeal
what is codification
reviewing all the law on one topic and creating a complete code of law
how many act of parliament was found out of date and completely repealed ?
3000, by 2015 since 1965
the process of reform
a topic is chosen by the law commission or reffered by the government
law commission researches law
law commission issues consultation paper
law commission issues final report
what is consolidation
combining the law from several acts of parliament into one act of parliament
advantages of law commission
areas of law are researched by legal experts
the law commission consults before finalising its proposals
whole area of law can be consulted , not just small issues
reform can simplify and modernise the law
what is repeal
the act ceases to be law .only parliament can repeal an act of the parliament
what is contempt of court
disobeying a court’s order
implimentation of the law commission’s proposals for reform
act 2009 (amending of act 1965) the law commission set a requirement on the lor chancellor to report to parliament anually on the government's progress in implementing reports - the minister for the relevant department will provide an interim response as soon as possible
implementation rate
by march 2016:
- 217 law reform reports
- 143 has been implemented
- 19 still waiting
- 31 rejected
disadvantages of reform through the law commission
failure of parliament to implement reforms
lack of parliamentary time
the government may accept but it may not follow all the recommandation
the government doesn’t have to consult with the law commission
examples of law implemented
land registration act 2002 corporate and manslaughter and corporate homicide act 2007 coroners and justice act 2009 criminal justice and courts act 2015 consumer rights act 2015
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