The Law Commission Flashcards

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1
Q

What is the definition of the law commission?

A

Full time body set up under law commission act 1965

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2
Q

How does the law commission work?

A
  1. Commission researches area of law needing reform
  2. Publishes consultation paper, consult relevant parties
  3. Commission draws up proposals for reform presented in report, often draft Bill attached to report to be considered by Parliament
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3
Q

What happens when the law commission repeal a law?

A

Repeal of existing law.
Law Commission investigates whether laws are required. For unnecessary/irrelevant repairs Repeals Bill for Parliament to consider

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4
Q

What happens when the law commission consolidate?

A

Where law on a subject is set out in multiple statutes, Consolidation Bills draw together existing provisions into one Act.
Makes law accessible

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5
Q

What happens when the law commission codify?

A

Brings together all law (statutory and precedent) into single law.
Makes law more understandable, consistent, easier to find.

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6
Q

An example for codification?

A

OAP act 1861
Chang Fook- mental harm
put into one act

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7
Q

What is an act that comes from the law commission?

A

coroners injustice act 2009

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8
Q

Two advantages of the Law Commission

A
  1. They consult a lot of people-makes it fairer
    2.Very detailed reports- few errors
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9
Q

Two disadvantages of the law commission?

A
  1. Parliament doesn’t have the time to read them all, not P’s priorities
  2. Even if government accepts the bill, it can still take a long time to become law.
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