1.3 Law Making Flashcards
(117 cards)
1
Q
What is the tripartite body of UK Parliament comprised of
A
The monarch, House of Commons and House of Lords
2
Q
Where do rules originate for the UK
A
In the conventions, practices and precedents of Parliament -> Form the Constitution of the United Kingdom
3
Q
What is the Monarch’s role in Parliament
A
- The King is a ceremonial figurehead - a theoretical source of executive power who does not actually exercise executive powers
- Executive powers may be exercised in the monarch’s name by Parliament and the government
- No person may accept significant public office without swearing an oath of allegiance to the monarch
4
Q
What is the House of Commons’ role in Parliament
A
- The seat of government, the House of Commons is Parliament’s only democratically elected element
- 650 constituencies, each of which votes for an MP to represent it - General election
- The government is formed by the political party with the majority of MPs in the House of Commons -> Leader of this political party is invited by the monarch to be his Prime Minister
- The government has the main say in formulating new Acts of Parliament
5
Q
What is the House of Lords’ role in Parliament
A
- Non-elected body
- Made up of 92 hereditary peers who inherit their title and pass it down through their family
- ≈ 700 life peers appointed on a non-partisan (not biased towards a political party) basis by the House of Lords Appointments Commission
- 26 most senior bishops in the Church of England
- Can be overridden by the House of Commons under the Parliament Acts of 1911 and 1949. Known as imperfect bicameralism as the two houses are not equal in power
6
Q
What are Green Papers
A
Consultative documents issued by the government putting forward proposals for reform of the law and often inviting suggestions
7
Q
What are White Papers
A
Documents issued by the government stating its decisions as to how it is going to reform the law - This is for information, not consultation
8
Q
What are Public Bills
A
- Involve matters of public policy affecting the whole country or a large section of it
- Most government Bills are in this category e.g. Legal Aid, Sentencing and Punishment of Offenders Act 2012
9
Q
What are Private Members’ Bills
A
- Individual (private) MPs introduce a Bill - can be from any political party and are known as ‘backbenchers’ as they don’t sit in the front row in the House of Commons with the government
Two ways a private MP can introduce a Bill:
- By ballot
- Through the ‘ten-minute rule’
10
Q
What are Private Bills
A
Designed to create a law which will affect only individual people or corporations - don’t affect the whole community
11
Q
What are Hybrid Bills
A
A cross between Public Bills and Private Bills - Introduced by the government, but if they become law they will affect a particular person, organisation or place
12
Q
What are the steps for passing an Act of Parliament (8)
A
- Bill is drafted
- 1st reading in the HoC
- 2nd reading in the HoC
- Committee stage
- Report stage
- 3rd reading in the HoC
- Same procedures in the HoL
- Royal Assent
13
Q
Name 5 influences on Parliament
A
- Political
- Media
- Pressure groups
- Public opinion
- Lobbyists/lobbying firms
14
Q
Describe the political influence on Parliament
A
When a general election is called, the political parties publish a manifesto, which amounts to a promise of what new laws they will introduce
EXAMPLE: The Hunting Act 2004 - Followed a Labour Party promise to outlaw fox hunting if elected
PROS:
- Each political party has its proposals ready
- A government with a majority means that most of the Bills it introduces will be passed
CONS:
- Easy to make a promise -> more difficult to fulfil a promise, particularly without an overall majority
15
Q
Describe the media’s influence on Parliament
A
When there is strong public opinion about an issue, the government may bow to it
Where an issue is given a high profile in the media, it may add the weight of public opinion
EXAMPLE: Following the Dunblane massacre 1996, private ownership of handguns was banned
PROS:
- UK’s free press is able to criticise government policy or bring any other issue to the attention of the government using public opinion
CONS:
- Responding too quickly to high-profile incidents leads to poorly drafted law e.g. the Dangerous Dogs Act 1991
- Media companies can manipulate the news to create public opinion
16
Q
Describe pressure groups’ influence on Parliament
A
Sectional: represent the interests of a particular group of people
Cause: promote a particular cause
EXAMPLE: 2007 - laws against smoking in public places introduced because of public and medical opinion
PROS:
- Pressure groups often bring important scientific discoveries to the government’s attention e.g. the damage being done by greenhouse gases and other pollutants
CONS:
- Occasions where two pressure groups have conflicting interests e.g. the League Against Cruel Sports wanted to ban fox hunting but the Countryside Alliance wanted it to continue
17
Q
Describe the influence of public opinion on Parliament
A
These are the views of the general public in the UK
Strong influence upon Parliament, as 18+ are entitled to vote in general elections
EXAMPLE: Mixed opinion about leaving the EU -> national referendum in 2016 with majority voting to leave the EU, allowing Parliament to legislate in 2017 to allow this to happen
PROS:
- Where the majority of the public has certain beliefs or demands, then Parliament an safely pass legislation on that issue
CONS:
- Gauging public opinion can be notoriously difficult; realistically no-one can definitively say that the majority of the public believe one way or another in a specific issue
18
Q
Describe the influence of lobbyists on Parliament
A
Usually professionals or organisations who try to persuade or influence governments to enact, amend or repeal legislation that affects their or their representatives’ interests
EXAMPLE: Most multinational companies have or use lobbyists e.g. Bell Pottinger Private
PROS:
- Citizens and organisations can approach a lobbyist to represent and present their interests direct to government ministers or their departments, where lobbyists have political contacts
CONS:
- Expensive and may only represent people who can afford to pay for their services
- Accusations of dubious and corrupt methods have been made against lobbyists
19
Q
British Railways Board v Pickin
A
Set out that Parliament cannot control the actions of its future self and the courts have no power to question the legality of an Act of Parliament
Contradicted by a number of current Acts that DO give the courts power to declare new parliamentary laws incompatible with them
20
Q
Acts allowing a declaration of incompatibility
A
Human Rights Act 1998:
PROVISION - Section 4: the courts have the power to declare an Act incompatible with the European Convention on Human Rights
CASE EXAMPLE:
H v Mental Health Review Tribunal declared that the Mental Health Act 1983 was incompatible
European Communities Act 1972:
PROVISION - Section 2: Where EU law exists on a particular subject, it can override any inconsistent UK law, including Acts of Parliament
CASE EXAMPLE:
Factortame v Secretary of State for Transport cases held the Merchant Shipping Act 1988 to be contrary to EU law
21
Q
What is a constitutional monarchy
A
A system of government that is ruled by a king or queen whose power is limited by its country’s constitution
22
Q
Definition of delegated legislation
A
Secondary legislation - laws passed in a specific area by a secondary body to which Parliament has passed its power
23
Q
What are the 3 types of delegated legislation
A
- Orders in Council - passed by Privy Council
- Statutory Instruments (SIs) - passed by government ministers
- By-laws - Passed by local authorities and public corporations for matters within their jurisdiction
24
Q
Why have Orders in Council
A
There can be a quick response in emergency situations
25
Why have SIs
Over 3000 SIs are made each year - Parliament couldn't cope with the volume or complexity, which is best left to the departments with expertise and responsibility in specific areas
26
Why have by-laws
Parliament has neither the time nor local knowledge to deal with these types of matter
27
Example of Orders in Council
The Constitutional Reform Act 2005 allows the Privy Council to alter the number of judges in the Supreme Court
28
Example of SIs
Police powers are made by the Ministry for Justice under the Police and Criminal Evidence Act 1984
29
Example of by-laws
The drinking ban zone is a Designated Public Place Order -> Put in place by local councils under the Criminal Justice and Police Act 2001
Within the designated area, it restricted the consumption of alcohol in any open space other than licensed premises
30
State the Parliamentary controls over delegated legislation
- Drafting of a parent act - clear + unambiguous
- In controversial areas, Parliament can insist that the draft delegated legislation is subject to parliamentary scrutiny and they can add a requirement for an Affirmative Resolution Order (ARO) in the parent act
- AROs can't be used for all 3000 SIs a year
- In the absence of an ARO, Parliament have 40 days to pass a Negative Resolution Order to prevent an SI coming into use
- If this deadline is missed, only primary legislation or repealing the parent Act can remove the delegated legislation
- There is a Delegated Powers Scrutiny Committee in the House of Lords - considers whether the provisions of any Bills going through Parliament delegate legislative power inappropriately -> Reports its findings to the HoL before the committee stage of the Bill, but it has no power to amend Bills
- Joint Scrutiny Committee, whose role is to simply scrutinise SIs
31
Ultra vires
'Beyond the powers' i.e. the secondary body has exceeded the powers given to it by the parent Act
32
Procedural UV with example
The secondary body has exceeded its powers and failed to follow procedural instructions in the parent Act
Agricultural Training Board v Aylesbury Mushrooms Ltd.
33
Substantive UV with example
The secondary body has gone beyond the powers granted to it and made more regulations than permitted
R v Secretary of State for Health ex parte Pfizer Ltd.
34
What are ways of controlling delegated legislation
- Parent Act
- Affirmative Resolution Order
- Negative Resolution Order
- Joint Scrutiny Committee
- Procedural ultra vires
- Substantive ultra vires
- Wednesbury unreasonableness
35
Parent Act with example
This should give clear instructions: who can make the delegated legislation, how should they go about it and to what extent can they make the delegated legislation
The Police and Criminal Evidence Act 1984 gives the Ministry of Justice powers to alter police powers
36
Wednesbury unreasonableness with case authority
The judicial review states thee delegated legislation is 'so outrageous in its defiance of logic'
Associated Provincial Picture Houses Ltd. v Wednesbury Corporation
37
When would a Joint Scrutiny Committee report back to Parliament
If...
- It imposes a tax or charge - this is because only an elected body has such a right
- It appears to have retrospective effect which has no provided for by the parent Act
- it appears to have gone beyond the powers given under the enabling legislation
It makes some unusual or unexpected use of those powers
38
Name 3 advantages of delegated legislation
- Saves parliamentary time
- Laws can be made quickly in response to an emergency
- Parliament can focus on producing parent Acts giving a broad outline and leaving the detail to others
- Local people are experts in local issues and so can produce detailed local laws given the framework
- DL is often a fast way of implementing directives from the EU
- Ministers making laws is considered a doctrine of the separation of powers
39
Name 3 disadvantages of delegated legislation
- DL lacks publicity - over 3000 SIs are made each year and it is impossible for the public to keep up with this, but ignorance of the law is no defence
- Parliamentary controls on DL are not always very effective - the Scrutiny Committee can't possibly scrutinise all of them
- Risk of delegated bodies sub-delegating (passing the work on further)
- DL is not a democratic source of law as it is often made by people who are not democratically elected
40
What is the difference between primary and secondary legislation
Primary legislation - Passed directly by Parliament
Secondary legislation - Passed by ministers under powers given to them by an Act of Parliament
41
What is the literal rule
Gives a literal and grammatically correct meaning to the section, regardless of how absurd the result
Lord Reid: 'We are seeking not what Parliament meant, but the true meaning of the words they used
42
Name a case authority for the literal rule
- Whiteley v Chappell
- London and North Eastern Railway Co. v Berriman
- Fisher v Bell
43
What is the golden rule
Extension of the literal rule, where words will be given their literal meaning UNLESS the result would be absurd
Narrow approach: the court may only choose between the possible meanings of the word; if there is only one, then that must be taken
Wide approach: where words only have one clear meaning which would lead to an absurd result, the court will use the golden rule to modify the words in order to avoid the absurdity
44
Name a case authority for the golden rule
- Adler v George
- Re Sigsworth
- R v Burstow
45
What is the mischief rule
Looks back to the gap in previous law and interprets the Act to cover the gap
Used if it 'is possible to determine from the Act the precise "mischief" the Act was to remedy and it is possible to say with certainty what additional words would have been inserted"
46
Name a case authority for the mischief rule
- Smith v Hughes
- Royal College of Nursing v DHSS
47
What is the purposive approach
The judges look to see what is the purpose of the law
Is an extension of the mischief rule because the judges are not just looking to see what the gap was in the old law, but deciding what they believe Parliament meant to achieve with the new law
48
Name a case authority for the purposive approach
- R v Coleman
- R (Miranda) v Home Secretary
- R v Registrar-General, ex parte Smith
49
Name 3 internal/intrinsic aids judges can use to interpret law
- Preamble/introductory text
- Explanatory notes included in the margin to show what the section is about
- A glossary of key terms in some Acts
50
Name 3 external/extrinsic aids judges can use to interpret law
- Historical context of the Act
- Dictionaries and textbooks
- Previous commercial practice
- Treaties with international law - for continuity
51
Fisher v Bell
Literal rule
Ambiguous words - statute made it a criminal offence to 'offer' flick knives for sale. It was held that goods on display in shops are not 'offers' in the technical sense, but an invitation to treat
52
R (Miranda) v Home Secretary
Purposive approach
Words used are too broad: stop powers under Schedule 7 of the Terrorism Act 2000
Meaning of the word 'terrorism' was in question as it could have a very broad/narrow meaning
Judge said 'it is unlikely that Parliament would have intended to make such a distinction'
53
Royal College of Nursing v DHHS
Mischief rule
Progress of technology means that words need to be considered in light of new advances
The Abortion Act 1967 provided that it would be an absolute defence for a medically registered practitioner to carry out abortions, provided certain conditions were satisfied
HELD: This could include nurses
54
R v Burstow
Golden rule
There has been an error in drafting - 'Inflict' simply means cause
55
Whiteley v Chappell
Literal rule - example of an absurd result
A statute made it an offence 'to impersonate any person entitled to vote'. D used the vote of a dead man;
RULED: Not guilty as a dead person was not a person entitled to vote
56
London and North Eastern Railway Co. v Berriman
Literal rule - example of an absurd result
A railway worker was killed while oiling the track - a statute provided compensation payable on death for those 'relating or repairing' the track - Oiling DID NOT count
57
Adler v George
Golden rule - narrow
Was an offence to obstruct a member of the armed forces 'in the vicinity' of a prohibited place - the defendant was actually in the prohibited place, rather than in the vicinity of it, at the time of an obstruction
58
Re Sigsworth
Golden rule - wide
A son murdered his mother, who had not made a will. Under the statute setting the law on intestacy, as her only child he was entitled to inherit her entire estate. The literal rule would lead to a repugnant (extremely distasteful) result - golden rule applied and he inherited nothing
59
Smith v Hughes
Mischief rule
Ds were prostitutes charged under the Street Offences Act 1959, which made it an offence to solicit in a public place. Prostitutes were soliciting from private premises in windows or balconies and so could be seen by the public
60
R v Registrar-General, ex parte Smith
Purposive approach
- Applicant had a statutory right to a birth certificate at 18, but was suspected that he wanted this in order to find and murder his mother
- The court, despite the plain language of the Adoption Act 1976, applied the purposive approach saying: 'Parliament could not have intended to promote serious crime.'
61
R v Coleman
Purposive approach
- D burgled a narrow boat
- Purpose of the Power of Criminal Courts (Sentencing) Act 2000 was to punish burglars on their third offence
- Act should not be interpreted to mean the same as s9(4) of the Theft Act 1968
62
Pepper v Hart
Use of Hansard
- Court had to decide whether a teacher at a private school had to pay tax on the perk he received in the form of reduced school fees. The statement in Hansard made at the time the Finance Act was passed quoted his exact circumstance as an example of where tax would not be payable
63
Impact of EU law on statutory interpretation
- Purposive approach preferred by most EU countries when interpreting their own legislation
- Also the approach adopted by the European Court of Justice in interpreting EU law
- Therefore, UK judges having to use the purposive approach for EU law for over 40 years has made them more likely to apply it to UK law
- After Brexit, this will no longer apply, however judges are likely to continue to use the purposive approach
64
Impact of the Human Rights Act 1998 on statutory interpretation
S3 of the Human Rights Act 1998 states that, as far as it is possible to do so, legislation must be read and given effect in a way that is compatible with the rights in the European Convention on Human Rights, which involved interpreting the Rent Act 1977 in terms that were compatible with Convention rights
65
Pros of literal rule (5)
- It respects parliamentary sovereignty
- It provides certainty, as the law will be interpreted exactly as it is written -> Makes it easier to know what the law is and how judges will apply it
- Focuses the mind of Parliament, forcing them to be clear in their language
- Respects the Separation of Powers doctrine as the judges have minimal or no legislative function
- Takes advantage of the constituency provided by external aids such as the dictionary and other Acts, as well as reinforcing useful internal aids such as explanatory notes
66
Cons of literal rule (5)
- Where it leads to unjust results, it can hardly be said to be enacting the will of Parliament
- It assumes every Act will be perfectly drafted
- Can undermine Parliament's intentions rather than further them
- It is based on erroneous (false) assumptions regarding meaning in language
- Not all Acts have the benefit of explanatory notes
67
Pros of the golden rule (1)
- Provides a way of avoiding the worst problems created by literal rule while attempting to respect parliamentary sovereignty
68
Cons of the golden rule (2)
- Two approaches could lead to further inconsistency
- There is no definition of an absurd result
69
Pros of the mischief rule (3)
- Responds positively to loopholes in the law
- More likely to produce a 'just' result because judges try to interpret the way that Parliament meant it to work
- Reinforces the importance of explanatory notes
70
Cons of the mischief rule (3)
- Judges are going beyond their authority by filling in gaps, i.e. contradicting parliamentary sovereignty
- May lead to uncertainty, as it is impossible to know when judges will use the rule and what result it might lead to -> Harder for lawyers to advise clients on the law
- Not all Acts have the benefit of explanatory notes
71
Pros of the purposive approach (3)
- It is most likely to lead to justice in individual cases
- It allows judges to respond to new technology
- It gives judges discretion on when and how to avoid absurdity of the literal rule
72
Cons of the purposive approach (3)
- Judges can't know for sure what Parliament's intentions were
- Allows unelected judges to 'make' law, as they are deciding what they think law should be rather than using the words that Parliament enacted
- Leads to the same uncertainty as the mischief rule
73
Why do statutes need to be interpreted
To ensure that statutes are applied correctly and consistently
74
Why is literal rule used
Because it promotes legal certainty, consistency, and predictability
75
Which rule evolved from the literal rule
The golden rule
76
Which case allowed the use of Hansard
Pepper v Hart
77
Why does the purposive approach contradict the principle of parliamentary supremacy
Because it potentially allows judges to determine what the initial Parliamentary intent was
78
Doctrine definition
For judicial precedent, doctrine means the 'principle, operations and rules' of a precedent
79
Binding precedent meaning
A case from a senior court that must be followed in future cases
80
Persuasive precedent meaning
Usually in the form of obiter dicta, persuasive precedent is a part of the judgement that should be followed in similar cases, but is not binding, however a reason for deciding not to follow it must be given
81
Where may persuasive precedents come from
- From courts that do not bind, such as the Judicial Committee of the Privy Council
- Come from the courts lower down the hierarchy
- May be a part of the decision known as obiter dicta
82
Who are the Judicial Committee of the Privy council bound by and binding on
Bound by: No one, not even itself
Binding on: All domestic courts of the Commonwealth
83
Who are the Supreme Court bound by and binding on
Bound by: European Court of Justice on EU issues, but NOT ITSELF
Binding on: All other UK courts
84
Who are the Court of Appeal (Civil Division) bound by and binding on
Bound by: Supreme Court and itself (with exceptions)
Binding on: All lower courts and itself
85
Who are the Court of Appeal (Criminal Division) bound by and binding on
Bound by: Supreme Court and itself
Binding on: All lower courts and itself
86
Who are the King's Bench Division of the High Court bound by and binding on
Bound by: Supreme Court, Court of Appeal and itself
Binding on: High Court generally, lower courts, itself
87
Who are the Chancery and Family Divisions of the High Court bound by and binding on
Bound by: Supreme Court, Court of Appeal and Themselves
Binding to: High Court generally, lower courts and themselves
88
Who are the High Court bound by and binding on
Bound by: Supreme Court, Court of Appeal, Divisional courts, NOT ITSELF
Binding to: Lower courts, not itself
89
What 3 courts do not create precedents and why
The County Court, Crown Court and Magistrates' Courts do not create precedents as:
- There are far too many cases going through them
- They do not publish judgements that could be used
90
Cases and comments for the Judicial Committee of the Privy Council
Cases:
- Grant v Australian Knitting Mills
- The Wagon Mound
Comment: Regarded as persuasive precedent only in England (but very persuasive)
91
Cases and comments for the Supreme Court
Cases:
- R v Brown
- Donoghue v Stevenson
Comment: Supreme Court has not been bound by its own decisions since a Practice Statement in 1966. Also now have the power to reopen appeals
92
Cases and comments for the Court of Appeal (Civil Division)
Cases:
- (1) Broome v Cassell and Miliangos v George Frank Ltd.
- (2) Young v Bristol Aeroplane Co. Ltd. -> Gave the 3 rules on when it need not follow its own decisions
Comments:
1. Tried to challenge the rule that the Court of Appeal is bound by the House of Lords/Supreme court - HoL rejected this
2. Need not follow its own decisions where:
- The previous decision was made per incuriam (in error)
- There are two conflicting previous decisions (so can't follow both)
- There is a later conflicting Supreme Court decision
93
Comments for the Court of Appeal (Criminal Division)
Prepared to be flexible in its approach to binding itself and will not follow its previous decisions where to do so would cause injustice
94
Comments for the King's Bench Division of the High Court
Follows very similar rules to the Court of Appeal Criminal Division in terms of binding itself
95
Practice Statement 1966
The Practice Statement was a departure from the long-standing principle of the House of Lords (now the Supreme Court of the UK) being bound by its previous decisions
96
Stare decisis
'Let the decision stand'
A decision in an early case will stand as guidance for all future cases
97
Ratio decidendi
'The reason for the decision'
The part of the judgement which forms precedent for future cases
98
Obiter dicta
'Other things said'
Comprises the rest of the judgement apart from the ratio decidendi
Judges in future cases don't have to follow it but it can be very useful for guidance
99
Automatism
An act done by the muscles without any control by the mind, such as a spasm, a reflex action or a convulsion
OR
An act done by a person who is not conscious of what they're doing
100
How are law reports checked for accuracy
They are overseen by independent lawyers
101
Options judges have when faced with a precedent set in an earlier case
1. Follow it
2. Overrule it
3. Distinguish it
102
Options when dealing with precedents: Follow
- Judge applies the same principle of law to the current case
- If the decision is by a court above or on the same level as the present court, then the judge must normally follow the previous decision
Case authority: Michael v Chief Constable of South Wales followed Hill v Chief Constable of West Yorkshire
103
Options when dealing with precedents: Overrule
- The court in a later case states that the decision in the earlier case is wrong
- Overruling may occur when a higher court overrules a decision made in an earlier case by a lower court
Case authority: R v Jogee overruled R v Powell and R v English
104
Options when dealing with precedents: Distinguish
- A judge avoids following a precedent
- If a judge finds that the material facts of the current case are sufficiently different from the case setting a precedent for a distinction to be drawn between the two, they are not bound by the previous case
Case authority: Merritt v Merritt distinguished Balfour v Balfour
In White Lion Hotel v James the window sash was broken, in Geary v JD Wetherspoon, the banister was not
105
Name 4 advantages of judicial precedent and the operation of precedent
- Certainty + predictability
- Consistency
- Fairness
- Precision
- Flexibility to avoid using bad precedents via the Practice Statement
- Time-saving
- Details can be added to statutory provisions, to clarify
- The law can evolve to meet changing social attitudes
106
Name 4 disadvantages of judicial precedent and the operation of precedent
- Rigidity - Binding decisions can restrict decisions made in the interests of individual justice
- Complexity - Judgements are very long and it is not always easy to identify the ratio decidendi and obiter dicta
- Illogical distinctions - made on minor or controversial points
- Slowness of growth
- Not a democratic source of law
- A bad precedent needs another case or Act of Parliament to correct it
107
Conway v Rimmer
First use of the Practice Statement 1966, avoided following Duncan v Cammell Laird
108
R v Shivpuri
First use of the Practice Statement 1966, avoided following Anderton v Ryan
109
Knuller v DPP
House of Lords decided not to use the Practice Statement 1966
110
R v G and R
House of Lords establishing the current definition of recklessness, overruling MPC v Cadwell
111
If a judge is not following persuasive precedent, what should they do
They should still consider it, despite the fact that it is not binding
112
Where is a judgement published
Published in law reports
113
What is the aim of the Law Commission
To ensure the law is...
- Fair
- Modern
- Simple
- Cost-effective
114
Who makes up the Law Commission
A Chair (High Court Judge), four other Law Commissioners and support and research staff
115
How can the Law Commission reform the law
Reform = Update the law
Chooses areas that it considers need updating or areas can be referred to it by the government via the Lord Chancellor
1. Open consultation - Sets out current law and why it needs to be reformed
2. The consultation will invite responses from interested parties and will include problems with current law, suggestions for reform and questions for interested parties to consider
3. After a suitable time for responses to the consultation, the Law Commission will then issue a report, usually containing a draft Bill that Parliament could begin to put through the formal process of creating an Act
116
What is codification (the work of the Law Commission)
Codification = the Law Commission reviewing all law on one topic, creating a complete code of law then integrating all relevant laws into a new Act of Parliament
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