Law Reform - Paper 2 Flashcards
What is the meaning of Law Reform?
Process of changing and updating laws
What is the main law reform body?
The Law Commission
Which Act created the Law Commission?
The Law Commissions Act 1965
What is the composition of the Law Commission?
It is a 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
What is the 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
What methods are used by the Law Commission?
Codification
Consolidation
Repeal
What is meant by Codification?
Bringing together all the law on one topic into one complete code of law, such as the Fraud Act 2007
What is meant by Consolidation?
Combining the law from several Acts of Parliament into one, such as the Offences Against the Person Act 1861
What is meant by 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When Acts of Parliament that no longer apply are cancelled out of existence, e.g. the Theft Act 1968 repealed the Larceny Act 1916
What are the advantages of the Law Commission?
Areas of law are researched by legal experts
It is non-political
Whole areas of law can be considered
What are the disadvantages of the Law Commission?
Failure of Parliament to implement reforms
Lack of parliamentary time
Government does not follow Law Commission’s recommendations
