Law Reform - Paper 2 Flashcards

1
Q

What is the meaning of Law Reform?

A

Process of changing and updating laws

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2
Q

What is the main law reform body?

A

The Law Commission

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3
Q

Which Act created the Law Commission?

A

The Law Commissions Act 1965

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4
Q

What is the composition of the Law Commission?

A

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

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5
Q

What is the role of the Law Commission?

A

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

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6
Q

What methods are used by the Law Commission?

A

Codification
Consolidation
Repeal

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7
Q

What is meant by Codification?

A

Bringing together all the law on one topic into one complete code of law, such as the Fraud Act 2007

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8
Q

What is meant by Consolidation?

A

Combining the law from several Acts of Parliament into one, such as the Offences Against the Person Act 1861

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9
Q

What is meant by Repeal?

A

When Acts of Parliament that no longer apply are cancelled out of existence, e.g. the Theft Act 1968 repealed the Larceny Act 1916

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10
Q

What are the advantages of the Law Commission?

A

Areas of law are researched by legal experts

It is non-political

Whole areas of law can be considered

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11
Q

What are the disadvantages of the Law Commission?

A

Failure of Parliament to implement reforms

Lack of parliamentary time

Government does not follow Law Commission’s recommendations

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