Session 10, legal reform Flashcards
1
Q
What is the law commission?
A
- body who support staff to help with research
- high court judge and other highly trained lawyers
- concerned with, reform, codification, repeal
2
Q
What does law commission do for reform?
A
- identify areas of law which need reform
- focuses on substantive law e.g criminal, contract, tort
- publishes consultation paper outlining the law, problem and reform option
- seeks public and expert feedback
- produces final recommendation
3
Q
What does law commission for codification?
A
- reviews law and creates code to cover all aspects
- code includes exiting and new law where previous one was unsatisfactory
4
Q
What does law commission do for consolidation?
A
- draw all existing provisions to one Act
- law is not reviewed or changed just brought together
5
Q
What does law commission do for repeal?
A
- identify old acts no longer used so parliament can repeal them
6
Q
What are examples of recent reforms?
A
- coroners and Justice act 2009: abolishing defence of provocation
- consumer rights act 2015: gives consumers legal rights to reject faulty goods
7
Q
What are advantages of reform through law commission?
A
- areas of law researched by legal experts
- reform can modernise the law
- law commission consults before finalising
8
Q
What are disadvantages of reform through law commission?
A
- government slow to implement the reform
- some reforms never implemented
- lack of parliamentary time to discuss proposals
