Law Reform Flashcards
What is meant by law reform?
Changing the law to, hopefully, make it better.
Why is law reformed?
If it is outdated, unclear or if people are calling for change.
What created the Law Commission?
The Law Commissions Act 1965
Who is a part of the Law Commission?
- The Chair
- The other four Commissioners
- Chief Executive + Personnel
- One or two Non-Executive Board Members
Who is the Chair?
Either a High Court or Appeal Court judge, appointed for up to 3 years.
Who are the other four Commissioners?
Experienced judges, barristers, solicitors or teachers of law. They are appointed for up to 5 years, although their appointments may be extended.
Who is the Chief Executive + Personnel?
The Chief Executive and, around, 20 members of the Govt Legal Service, 2 Parliamentary Counsel and a number of research assistants.
What is the Law Commission’s Duty?
S3 of the Law Commissions Act 1965 said that that Law Commission’s duty is to review all areas of law to make systematic reform by: codifying, consolidating and repealing the law.
What is Codifying?
Bringing all the law on one area into one complete code. E.g. the LC want to bring all areas of criminal law together in on cohesive Criminal Code.
For example, in 1985 the LC published a draft Criminal Code which has never been used.
What is Consolidating?
Bringing a law that is spread across many cases and statutes into a single Act. E.g. all the NFOs are spread across the OAPA and cases.
For example, the LC created a draft bill for all NFOs in 1998 which is unused. Also, they created the Family Law Act 1996 which tied together law on divorce and domestic violence.
What is Repealing?
To get rid of a law that doesn’t need to exist. There has been 19 Repeal Acts, repealing more than 3000 laws in its entirety.
How do the LC make reforms?
- Choosing an issue - The LC may be assigned a topic or choose a topic to work on.
- Research - The LC will look at cases, statutes and academic articles to understand the current law.
- Consultation - The LC will publish a consultation paper that outlines the current law and its problem, with people then responding to this paper.
- Report - The LC will then write a report which proposes reform to the Govt. It will contain a draft bill and the issues with the old law.
What is the overall success rate of the LC?
66%
What are the advantages of Law Reform?
- Experts
- Consultation
- Independence
- Can make widespread reform
What are the disadvantages of Law Reform?
- Not always listened to
- Focuses on substantive law
- Poor implementation
- Reform can be made without LC
