Law reform

Question 1

Explain the features of the law commission

Answer 1

• Main law reform body. Set up by the law commissions act 1956
• Role= keep law under review with a view to its systematic reform
  -Recent reforms:
  -Coroners and Justice act
  2009- Introduced loss of
  Control, abolished law
  of provocation to
  murder
  -Consumer rights act
  2015- Reject faulty
  goods and refund if
  they act within a
  reasonable time

Question 2

Explain the different ways in which law is reformed

Answer 2

• Codification= Bringing together all of the law on one topic into one complete code of law- e.g. Fraud act 2007
  -Consolidation= Combining law from several AOP’s into one AOP- e.g. OAPA 1861
• Repeal= Acts that are no longer applicable are cancelled out of existence-e.g. theft act 1968 repeals larceny act 1916

Question 3

List/ explain the advantages of reform through the law commission

Answer 3

• Areas of law are researched by legal professionals.
• It is non-political
• Law commission consults before finalising its proposing- examined by experts before being reformed
• Whole areas of law can be considered
• Can simplify and modernise the law
• Makes areas of law easier to understand

Question 4

Disadvantages of reform through the law commission

Answer 4

• Failure of parliament to implement reforms
  -Lack of parliamentary time- limited time for reform
• The government does not follow all the recommendations of the Law commission
• The government does not have to consult the law commission