Parliamentary Law Making - Law Reform Flashcards
What is the role of the Law Commission?
Independent body that reviews an area of law in need of reform.
What is the aim of the Law Commission?
To make the law fair, simple and cost effective.
True or False
The Lord Chancellor may refer topics to the Law Commission on behalf of the government
True
What does the Law Commission produce after their research?
A Consultation Paper
A Final Report
Often have a new draft of a bill for Parliament
What 3 main ways does the Law Commission have to reform the law?
Codification - Bring law on 1 topic into 1 Act
Consolidation - Bringing Many Acts into 1
Repeal - Identify no longer used Acts
Give an example for each of these ways
Codification - Criminal Code 1985
Consolidation - Equality Act 2010
Repeal - 6 Acts relating to workhouses for the poor in 1667.
What are 3 advantages of the Law Commission?
1) Research done by legal experts
2) Independent from Parliament
3) Wide areas of Law can be considered not just small issues
What are 3 disadvantages of the Law Commission?
1) 1/3 of proposals are not enacted
2) Parliament has to reform the Act which takes time
3) Government does not have to consult the Law Commission
What is a Royal Commission?
A temporary body which investigates one specific area of law. Used frequently between 1945 and 1979.
Which Royal Commission led to the creation of PACE 1984?
The Philips Commission