LAW P2 ELS (Law reform)

Question 1

What does it mean to reform?

Answer 1

To ‘reform’ the law means to update the law.

The law commission can choose areas that it considers need updating or areas can be referred to it by the government via the lord chancellor.

Question 2

What is the first step to reform the law?

Answer 2

Its first step is to open a consultations, which sets out the current law and why it needs to be reformed

Question 3

What is an example of a previous consultation?

Answer 3

a consultation was launched in 2017 regarding wills stating that ‘the law of wills needs to be modernised to take account of the changes in society’

Question 4

What does the consultation invite?

Answer 4

This consultation will invite responses from interested parties and will include the problems with current law, suggestions for reform, and questions for interested parties to consider.

Question 5

What happens after the consultation?

Answer 5

After a suitable time for responses to the consultation, the law commission will then issue a report.

This will often contain a draft bill that parliament could begin to put through the formal process oof creating an act, if it so chooses.

Question 6

What is codification?

Answer 6

Codification means reviewing all the law on one topic, creating a complete code of law, then integrating all relevant laws into a new act of parliament.

Question 7

What is consolidation?

Answer 7

Consolidation means drawing all the existing provisions in an area of law together into one act.

It is different to codification, as the law is not reviewed or changed, it is simply brought together.

Question 8

What is the repeal of an act of parliament?

Answer 8

The repeal of an act of parliament means that the act ceases to be law.

Only parliament can repeal an act of parliament, but the law commission can advise parliament about which acts should be repealed

Question 9

What are the advantages of reform through the law commission?

Answer 9

• Saves parliaments time
• Law is researhced by legal experts
• There is consultation before drawing up proposals
• Whole areas of law are considered
• It can bring the law on one topic together in one act
• It simplifies and modernises the law

Question 10

What are the disadvantages of reform through the law commission?

Answer 10

• The government is slow to implement the reforms
• Some reforms may never be implemented

-There is a lack of parliamentary time to discuss the proposed reforms

-Parliament may makle changes to the proposed reforms without the benefit of legal expertise