The Law commission Flashcards
What is the Law commission?
An independent group whose sole purpose is to keep all law under review.
Who was the law commission set up by and what do they do?
Set up by the Law commission act 1965 and:
1. Receive and consider proposals for law reform
2.Codify and consolidate areas of law
3. Put forward proposals for reform of the law
Definition of consolidate
Drawing all existing laws on one area together in one act to make it simpler to navigate. (Family law act 1996)
Definition of codify
Similar to consolidate but this includes bringing together any statutes as well as judge-made law created in cases.
Definition of repeal
Identifying old acts which are no longer used and getting rid of them.
Who are the law commission?
Consists of 5 full-time commissioners:
1. The Chairman (A High court of an Appeal court judge)
2. Judges
3. Barristers
4. Solicitors
5. Teachers
What is the 5-step process of the law commission?
- Referral - Topics may be referred on behalf of the government.
- Research - The law commission researches the area of law in need of reform and publishes a consultation paper.
- Consultation - Describes the current law, looks at the problems and looks for options for reform.
- Proposals for reform - A report which lays down the proposals as well as the research conducted. government reviews it.
5.Draft bill - Draft version of how the new law should look.
Eval: Advantages of the law commission
- Independent non-political body therefore no political motive.
- Legally trained individuals means good overall understanding of the law.
- Whole areas of the law can be considered not just small issues.
Eval: Disadvantages of the law commission
- Lengthy process - some acts have taken 5 years to finalise.
- Heavy workload - multiple cases to work on at a time and less time to focus on one.
- Wasted money and time - Government has no obligations to consult these laws.
