Law Commission

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  • Law Commission
    • Disadvantage: The Law Commission has a serious lack of power. This is illustrated by the fact that Parliament does not have to consult them before a Bill is introduced.
    • Disadvantage: Many of its recommendations, about one third, are not implemented. The government are not under any obligation to implement the Commissions recommendations. Often, the recommendations do not suit the agenda, and are therefore not given any Parliament time.
    • Advantage: The Bill created by the Law Commission that is drafted to government is based wholly on the Commissions findings. This means that there will be less of a delay introducing the Bill to Parliament.
    • Advantage: It is an independent body, which means that all law is under review, not just the areas of law that are of interest to the government. Which area the Law Commission investigates is completely up to them.
    • Advantage: It possesses considerable legal, non-political expertise. Its investigations are thorough, and as a result, its recommendations are well informed. The Bill is simple and deals with the issue at hand. This helps to avoid problems when the law is brought into force.
    • Repeal: Repeal of obsolete law is the removal of laws that have no further use.
    • Consolidation: Bringing all existing statutory laws into one new Act.
    • Codification: The bringing together of the law, both statutory and judge-made, into one new Act.
    • What is it? It is a full-time law reform body, independent of the government. It was created by the Law Commission Act 1965. This Act gives the commission its power and duties.
    • Disadvantage: Investigation of current law is often lengthy and it can sometimes be years before a report is produced. An investigation may also be interrupted by investigations into other areas.
    • Disadvantage: It investigates more than one matter at a time. Often, 20 to 30 areas are under review at one time. This means that while investigations are thorough, perhaps they could be even more so.


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