The law commission Flashcards
what is a law commission
the law commission is an idependant body established in the law comission act 1965 with the primary function of reveiwing and recommending reforms to improve the law in England and Wales. Its goal is to ensure that the law is fair, modern, simple, codification, consolidation and repeal outdates statues
the law commission work is divided into 4 main areas.
- reform
- codification
- consolidation
-reform
reform
one of the main functions of law commission is to recommend reforms to modernize the law. This involves reviewing areas of law that may be outdates, unclear or ineffective and proposing changes to ensure that the law meets modern needs.
The commission identifies areas in need of reform either through its own initiative or at request of the lord chancellor or government departments
example of law reform
Coroners and justice Act 2009 - the law commission recommeneded reform to the law on homicide, including the partial defences of diminshed responsibility and loss of control
fraud cat 2006 - based on the law commission reccomendations, the law on fraud was modernized to address more sophisticated methods of fraud.
codification
involves bringing together all laws on a particular topic into a single statue or legal code, making the law clearer and more accessible. codification simplifies the law by consolidating statue, common law principles and case law into one comprehensive document
examples of codification
the draft criminal code - in the 1980s, the law commission worked on codifying the law of criminal law into a single criminal code. while this has not yet been fully enacted, the aim was to simplify and unify the fragment nature of criminal act
consolidation
involves combining multiple statues on a specific area of law into one coherent act, without challenging the law substance. This makes the law easier to understand and more accessible by eliminating the need to reference multiple statutes.
examples of codification
the companies act 2006 - this act consolidatedd various peices of company law into