Influences on Parliamentary Law Making - Law Commi
- Statutory Independent Body
- Set up by Law Commission Act 1965
- Keeps the law under review and recommend reform where necessary.
What they do within the Law Commission
1) Researches the area of law in question.
2) Publish a consultation paper - sets out the present law,
- describe problems,
- Ask for opinions,
- suggest options for reform, including how other
countries deal with it.
3) Wait for replies and act on views.
4) Draw up proposal for new law - reform.
5) Present report including details of research and findings.
Advantages of Law Commission
- Areas of law are researched by legal experts.
- The Law Commission consults before finalising it's proposals.
- Whole areas of law can be considered, not just small issues.
- If parliament enact the reform, of a whole area of law, then the law is in the one Act, such as the Land Registration Act 2002. Which makes it easier to find and understand. Some examples - Fraud Act 2006 which reformed the law on fraud and deception offences, and Corporate Manslaughter and Corporate Homicide Act 2007 which makes companies and other organisations criminally liable for deaths caused through bad working practises.
Disadvantages of Law Commission
- Main disadvantage - the Law Commission has to wait for the Government to bring in the reforms it proposes.
- Only limited time is available in parliament for 'pure' law reform.