(Paper Two) = Law Reform

Question 1

Who is the Law Commission?

Answer 1

• A full time body who have a high court judge, four lawyers who support staff assist with research
• Concerned with reviewing the law to simplify the law

Question 2

What is reform?

Answer 2

• Focuses on substantive law
• Chosen by the Lord Chancellor or the law commission
• Researches the law and issues consultation paper

Question 3

What is codification?

Answer 3

• Reviews all law on a particular topic and creates a new code to cover all aspects of law
• It includes existing law as well as new laws where old law is unsatisfactory
• It can make the law easier to find and simpler

Question 4

What is consolidation?

Answer 4

• Draws all law on one area into one act. It makes the law accesible
• This does not change or review existing law but needed when areas of law fall under different statutes

Question 5

What is repeal?

Answer 5

• Old acts are identified that are no longer needed

Question 6

Is the law commission successful?

Answer 6

• It is not very succesful due to disinterest and lack of time however they are attempting to improve this
• This is done though the requirement of a response, a dedicated procedure to get them passed and and reporting annual progress

Question 7

What are examples of laws implemented by the law commission?

Answer 7

• Coroners and Justice Act 2009
• Criminal Justice and Courts Act 2015
• Consumer Rights Act 2015

Question 8

What are advantages of law commission?

Answer 8

• It is researched by legal experts
• Whole areas of law can be considered
• It can simplify and modernise the law

Question 9

What are disadvantages of law commission?

Answer 9

• The government is slow to implement reforms and often do not occur
• There is a lack of parliamentary time so it is not seen as a priority
• It may be different to the original proposals due to wording