Tort Mini Topic 2- Law Reform

Question 1

What is Law Reform?

Answer 1

The process of changing and updating law, so that they reflect the current values and needs of modern society.

Question 2

What is the Law Commisson?

Answer 2

The main law reform body. It was set up in 1965 by the Law Commissions Act. It consists of a chairman (High court judge) and four other law commissioners.

Question 3

What do the Law Commission do?

Answer 3

Keep the law under review so that it stays updated and relevant.

Question 4

What are the three ways in which law can be reformed?

Answer 4

1. Codification
2. Consolidation
3. Repeal

Question 5

What is Codification?

Answer 5

Bringing together all the law on one topic into one complete code of law eg Fraud Act 2007.

Question 6

What is Consolidation?

Answer 6

Combining the law from several Act of Parliament into one Act of Parliament eg Offences Against the Persons Act 1861.

Question 7

What is Repeal?

Answer 7

When the Acts of Parliament that no longer apply are cancelled out of existence eg the Theft Act 1986 repeals the Larceny Act 1916.

Question 8

What are the advantages of law reform through the law commission? (1)

Answer 8

1. Areas of law are researched by legal experts
2. It is non-political as it suggests reforms that suit changing society
3. The Commission consults before finalising its proposing meaning it has been examined by experts

Question 9

What are the advantages of law reform through the commission? (2)

Answer 9

4. Whole areas of law can be considered
5. If a reform is done for a whole area of law it becomes easier to understand and find
6. It can simplify and modernise the law

Question 10

What are the disadvantages of law reform through the commission?

Answer 10

1. Failure of Parliament to implement reforms, the government is slow to enact reforms
2. Lack of Parliamentary time
3. Government does not follow the recommendations of the Law Commission
4. The government does not have to consult the commission on changes to the law