Law Reform Flashcards
What legislation governs the law commission?
The Law Commission Act 1965
Who are the Law Commission?
A full-time body of lawyers who keep law under review and are concerned with the development of the law
How does the LC reform law?
Laws in need of reform are sent to the Lord Chancellor
The LC may also draft a new law and have it taken through the parliamentary law process, by the relevant government minister (This is called lawyers’ law)
What is codification?
Reviewing all law in a single area and creating a code
What is an example of a code created by the LC?
The Draft Criminal Code 1985; it is not implemented by the government
What is consolidation?
Combining law from multiple acts into one singular act
Up to 2006, how many consolidation bills were created per year?
5/6 per year
In 2016, how many consolidation bills were implemented?
Only 2
Give an example of consolidation.
The Criminal Courts Act 2000 was consolidated but was changed again in the Criminal Justice and Courts Services Act 2000
How do parliament ensure the implementation of LC proposals?
- The relevant minister must respond to a proposal in 6 months and give a final response after 12 months
How does the Law Commission Act 2009 ensure implementation?
The Lord Chancellor must report to parliament annually on progress of implementing reports
What is an act passed by parliament recommended by the Law Commission?
Land Registration Act 2012
What are the advantages of law reform?
- Areas of law are researched by experts
- LC consults before proposal
- Whole areas of law are considered
What are the disadvantages of law reform?
- Parliament failure to implement reports
- Government is not required to consult the LC
What is an act that is in need of reform but is neglected?
The Offences Against The Person Act 1988
