Parliamentary Law Making and Law Reform: The Law Commission Flashcards
Who are the LC?
A full time reform body who work part time to suggest which laws need reviewing through repeal, codification and consolidation
What is the composition of the LC?
Chairman
Four commissioners
Chief Executive and 20 members of the Gov Legal Service support the commissioners
Who is the chairman?
HCJ or LJoA
Appointed for up to 3yrs
Who are the four commissioners?
Judges
Barristers
Solicitors
Teachers of Law
Appointed by the Lord Chancellor and Secretary of State for up to 5yrs
What does the LC do?
Keeps the law under review
What is repealing?
LC identifies old Act which are no longer used so Parliament can get rid of them
What is consolidation?
Bringing together a number of Acts on a single topic into one large act to make the law more accessible
E.g., The Equality Act 2010
What is codification?
Bringing all the law on one topic together into one source to make the law simpler and accessible like a book
E.g., The Draft Criminal Code 1985
How do the LC suggest reform?
Refer
Research
Respond
What happens in Refer?
The Lord Chancellor on behalf of the gov, refers topics to the LC
The LC can also select areas itself to research
What happens in Research?
LC researches area of law felt in need of reform
Consultation paper is published seeking people’s views, sets out current state of law and problems associated with it, then it outlines possible areas of reform, usually looks at systems in other countries
What happens in Respond?
After the response to the consultation paper, LC draws up positive plans for reform, often includes a draft bill
If gov accepts report, goes through necessary Parliamentary stages before it becomes law
What are some examples of LC laws?
Coroners and Justice Act 2009
Occupier’s Liability Act 1984
