Law Reform - Law Commission P2 Flashcards
What is the Law commission
A full-time and independent law reform body
Which statute created the Law Commission
Law Commission Act 1965
What does the Law Commission aim to do
Ensure the law is fair, modern, simple and as cost-effective as possible
Who is it staffed by
The chair
Who is ‘the chair’ that staff the Law Commission
High Court or Appeal Judges appointed by the Lord Chancellor and Secretary of state for justice for up to 3 years
Who are the remaining four law commissioners
experienced judges, barristers, solicitors or teachers of law
How long are commissioners appointed for
up to 5 years
On what basis are the commissioners appointed for
full-time basis
Who else does the Law commission have to help them in their work
Staff to conduct research
What is stated in S3 about the work of the law commission
Duty of law commission is to keep all the law under review to its systematic development and reform
What 4 things to do the law commission do
Reform
Codification
Consolidation
Repeal
What does it mean by ‘The law commission does reformation of the law’
Making the law more modern, clearer and fairer
Referral from Lord chancellor, choose own with approval from lord chancellor or consult individuals about the areas of law to look at reforming
Set out a consultation paper - current law, issues and option to reform
Then receive responses
Then proposals and draft bills made and sent to lord chancellor
What does it mean by ‘The law commission does codification of the law’
Developing single sets of rules
Collecting together laws on one subject into one set of rules/code e.g Drafts criminal code 1985
Current: codification of Welsh law - planning and education
What does it mean by ‘The law commission does consolidation of the law’
Drawing law from a variety of sources together into one place
Collecting together existing laws on one topic and putting into one statute
1965- over 200 consolidation bills were put forward by the law commission became law
What does it mean by ‘The law commission does repeals of the law’
Removing out of date statutes
Removing absolute and out-of-date Acts
Draft bills presented
19 statute (Repeals) Bills since 1965 repealing 3000
2015- 20th statute (repeals) report
Why was there a lack of success in the law commission in the mid 80s (rate dropped from 85% to 50%)
Partly due to a lack of parliamentary time to consider its recommendations and an apparent disinterest by Parliament in technical law reform
To be effect, their reform have to be passed as an Act of parliament
When did the law commission it an all time low and how many reforms were enacted by parliament
1990
None of its reforms were enacted by parliament
What are the three measures that have been put in place to make sure the law commission has a greater impact
Law Commission Act 2009 put requirement in place that the secretary of state for justice to report to parliament annually on govs progress in implementing reforms
Protocol - government ministers with responsibility in subject area being reformed to provide an interim response as soon as possible and followed by a final response within a year
Dedicated parliamentary procedure to have law commission reports regarded as ‘uncontroversial’
What is one exampled of successful implementations by the law commission
Criminal Justice and Courts Act 2015 - includes reform of contempt of court by jurors and creates a new crime of misconduct when jurors undertake online research
What are 3 advantages of the law commission
Done by legal experts - likely to be comprehensive and accurate and free from political bias
Can consider the bigger picture, looking at all areas of law, considering wider issues such as consistency and clarity rather than individual issues in isolation
Made large contributions to simplifying and modernising whole areas of law
What are 2 disadvantages of the law commission
Many law commission reports go unimplemented - some areas of law remain outdated and difficult to understand
Gov is not legally required to consult the law commission about any new laws wished to be implemented - such laws could frustrate attempts to reform or make matters worse if gov is perusing political objective rather than looking dispassionately at the law
