Law reform- paper 2 Flashcards
law reform meaning
-Removing old and out of date laws
-Bringing laws together
-suggesting new laws
why reform laws?
-Laws may be outdated and/or unclear
-May be influences on parliament calling for change
Things that can influence law making and reform
-Political influence: government wanting to change old law
-Public/ media: public outrage about changing current law
-Pressure groups: pushing for change in the law
Who are the Law Commision?
An independent statutory body
Law commission’s job
To research the current state of the law and make suggestions for changes
The chair
Superior judge appointed by Lord chancellor and sos for justice for 3yrs. e.g. Sir Nicholas Green
The other four commissioners
Judges, barristers or academics appointed by LC and SOS for justice 5 yrs.
e.g. Prof Sarah Green
Chief Executive + personnel
Support the commission- government, Legal service, parliamentary counsel and research assistants. e.g. Phil Golding
One or Two Non-Executive Board Members
Independently challenge and expertise on issues of governance and management. e.g. Joshua Rozenburg
Codifying the law
Bringing all laws on one topic into one complete code- including common law rules as well as bits of statute.
Example of how LC have tried to codify law
1985: commission publishes a draft criminal code which tied lots of the law together. (no government has ever implemented the ‘full’ code)
Consolidating the law
Bringing a law that’s spread across cases and statutes into a single Act of Parliament. e.g. murder is a common law offence with definitions of words coming from cases.
Examples of how LC have tried to consolidate law (2)
- Recommendations on reforming murder in 2006 (rejected in 2008)
- Family law Act 1996: ties together and modernises law on divorce and
domestic violence.
Repealing law
Remove statutes that no longer need to be in force
How successful have LC been at getting repeals implemented?
There have been 19 statute Law (repeal) Acts as a result of the LC recommendations. In total over 300 Acts of Parliament have been removed.
How do the LC make reforms stage 1?
Choosing an issue:
- An area of law referred to by the Lord Chancellor or chosen by the LC
- Substantive area of law: crime, negligence or contract
How do the LC make law reforms stage 2?
Research:
- To understand the current state of the law: look at statutes, common law, academic articles and textbooks. (this is why academics and professors are in the LC.
How do the LC make law reforms stage 3?
Consultation:
- Publishing a consultation paper.
- Contains a description of the current law, explanation of the issues and
options for change.
- Individuals/ groups then respond
How do the LC make reforms stage 4?
Report:
- Based on the consultation a report is published explaining findings and
proposals.
- Sometimes includes a draft Bill.
(parliament are not obliged to enact the proposals)
How many reports were implemented in the LC’s first 10 years?
80%
How many reports were implemented in the LC’s second 10 years?
50%
How many reports were implemented in 1990?
none
Measures to improve success rate
2009: Coroners and justice Act
- The defence of ‘provocation’ was replaced by loss of control
2015:
Consumer rights Act
- Customers now have the right to return faulty goods for a refund
Criminal justice and courts Act
- Jurors aren’t permitted to conduct their own internet research
