Law Reform (Paper 2) Flashcards
Meaning of Law Reform
Process of changing and updating laws
The main law reform body
The Law Commission
Act which created the Law Commission
Law Commissions Act 1965
Composition of the Law Commission
Full time body and consists of a chairman, who is a High Court Judge, four other law commissioners who are qualified lawyers as well as support staff
Role of the Law Commission
Keep the law under review with a view to its systematic reform. From 1965-2016, 66% of reform reports became law, including the Coroners & Justice Act 2009 and the Consumer Rights Act 2015
Methods used by the Law Commission
Codification, Consolidation, Repeal
Codification
Bringing together all the law on one topic into one complete code of law, such as the Fraud Act 2007
Consolidation
Combining the law from several Acts of Parliament into one, such as the Offences Against the Person Act 1861
Repeal
When Acts of Parliament that no longer apply are cancelled out of existence, e.g. the Theft Act 1968 repealed the Larceny Act 1916
Advantages of the Law Commission
Areas of law are researched by legal experts, it is non-political, whole areas of law can be considered
Disadvantages of the Law Commission
Failure of Parliament to implement reforms, lack of parliamentary time, government does not follow Law Commission’s recommendations