Paper 2: law reform

Question 1

Who are the law reformers? (9)

Answer 1

• Judges
• Pressure groups
• Media pressure
• Parliament
• The Law Reform Committee
• Government Departments
• The Law Commission
• Royal Commissions
• The Criminal Law Revision Committee

Question 2

Why do we need an independent law reform body?

Answer 2

• Parliament have the majority say in the law but this is politically driven rather than ‘pure law’ reform
• Many acts for one area of law can cause more confusion
• Pressure groups provide impetus for law reform in high profile situations

Question 3

Four aims of the Law Commission

Answer 3

1) Systematically keep al English law under review, develop and reform the law- ensure it changed with a modern society
2) Codification of the law- bring case law together under one statute, making it easier to understand
3) Consolidation of the law- combining several Acts into one Act of Parliament
4) Repeal old Acts, remove obsolete and unnecessary Acts and reduce the number of separate statutes

Question 4

What is the definition of codification?

Answer 4

This is where all the law (cases and previous Acts) are put into one Act

Question 5

Why is codification necessary?

Answer 5

It makes the law simpler and easier to find

Question 6

What is the definition of consolidation?

Answer 6

This is where several acts on the same area of law are combines into one Act of Parliament

Question 7

Why is consolidation necessary?

Answer 7

Some areas of law are in several statutes each of which sets out a small part of the total law. This makes the law simpler and easier to understand

Question 8

What is the definition of repeal?

Answer 8

This is where an Act is removed and is no longer part of the law. This can be an entire Act or sections within an Act

Question 9

Why is repeal necessary?

Answer 9

Acts become obsolete and are no longer used

Question 10

Success rates of Law Reform after the first 10 years, second 10 years and 1990

Answer 10

First 10 years: 85%
Second 10 years: 50%
1990: 0%

Question 11

Coroners and Justice Act 2009

Answer 11

Abolished the defence of provocation for murder and replaced it with a loss of control

Question 12

Consumer Rights Act 2015

Answer 12

Gives consumers the legal right to reject their faulty goods and the right to refund if they act within a reasonable time

Question 13

Describe the nature of the Commission

Answer 13

The only full time law reform body

Question 14

Describe the main roles of the Commission

Answer 14

• To systematically keep all English law under review (reform)
• To codify and consolidate areas of law (e.g. the draft criminal code)
• To receive and consider proposals for law reform and consult relevant principles
• To put forward proposals for reform/repeal