English Legal System and Law making - Paper 2 (The Law Commission)
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- Created by: chloefyf3
- Created on: 11-07-22 01:15
What does reform of the law mean?
changing, amending, improving and correcting areas of the law which have been identified as problematic
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What are some reasons the law may need to be reformed?
- age of statute
- existence of common law governing
- language of legislation may have been shown to be ambiguous or unsatisfactory
- existence of common law governing
- language of legislation may have been shown to be ambiguous or unsatisfactory
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Why is it important to have an independent body to oversee law reform?
so it can be approached in an organised way, free from political influence
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What is the law commission and what act created it?
an independent full time body
the law commissions act 1965
the law commissions act 1965
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Who does the law commission consist of?
five full time commissioners (including high court judge as chairman on three year secondment)
each department consists of solicitors, barristers, academics and parliamentary draftsmen supported by graduate research assistants
each department consists of solicitors, barristers, academics and parliamentary draftsmen supported by graduate research assistants
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What does s3(1) of the Law Commissions Act require the commissioners to do?
take and keep under review all the law
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What is its first stated aim?
to ensure the law is as fair, modern, simple and cost effective as possible
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What are the four roles of the law commission?
- reform
- consolidation
- repeal
- codification
- consolidation
- repeal
- codification
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For reform, who does the law commission plan projects for the attention of and what does it respond to?
the lord chancellor
government requests to investigate law reform possibilities in specific areas
government requests to investigate law reform possibilities in specific areas
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Who does the law commission also receive proposals from?
judges, academics and the legal profession
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How does the law commission develop new proposals for reform?
researching the relevant area
publishing a consultation paper
drawing up positive proposals for reform
publishing a consultation paper
drawing up positive proposals for reform
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What are some examples of acts that show the law commissions role in reforming the law?
Corporate Manslaughter and Corporate Homicide Act 2007
Coroners and Justice Act 2009
Coroners and Justice Act 2009
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What is the law commissions role in consolidating the existing statute law, with an act example of when consolidation has been showed?
revisions and updates to statutes
the Powers of Criminal Courts (Sentencing) Act 2000
the Powers of Criminal Courts (Sentencing) Act 2000
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What does repeal mean?
remove
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What may the law commission do in order for parliament to repeal certain acts?
identify old acts which are no longer used
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By 2015, how many statute law (repeal) acts had there been and so how many out of date acts of parliament were removed?
19
over 3000
over 3000
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What does codification involve, with an example?
bringing together all the law (common and statute) on one topic into a single complete code of law
a draft criminal code
a draft criminal code
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Between 1965-75 what percentage of the law commissions proposals were enacted by parliament?
85%
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In the next ten years, what did this fall to?
50%
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In 1990 how many proposals were enacted?
none
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As a result, what does the Law Commission Act 2009 place a requirement on the Lord Chancellor to do?
report annually to parliament on government progress in implementing reforms
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How many acts have been passed since 2019 under a new dedicated parliamentary procedure to implement law commission reports?
six
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What are six advantages of reform through the law commission?
- it saves parliament time
- law is researched by legal experts
- there is consultation before drawing up proposals
- whole areas of law are considered
- it can bring the law on one topic together in one act
- it simplifies and modernises the law
- law is researched by legal experts
- there is consultation before drawing up proposals
- whole areas of law are considered
- it can bring the law on one topic together in one act
- it simplifies and modernises the law
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How is 'it saves parliament time' an advantage with evidence?
parliament has time to deal with political matters, leaving this time consuming work to a separate body
over 3000 acts have been examined, found to be redundant and repealed
over 3000 acts have been examined, found to be redundant and repealed
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How is 'law is researched by legal experts' an advantage with evidence?
academics and practitioners with expertise can make practical, evidence based recommendations
chair is a high court / court of appeal judge appointed for up to 3 years
other four commissioners are experiences judges, barristers, solicitors or legal acade
chair is a high court / court of appeal judge appointed for up to 3 years
other four commissioners are experiences judges, barristers, solicitors or legal acade
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How is 'there is consultation before drawing up proposals' an advantage with evidence?
all interested parties have a chance to have their say
consultation period to expand hate crime offences in september 2020
invited consultees from a wide range
of backgrounds, with a diverse range
of experiences to submit their views on the pote
consultation period to expand hate crime offences in september 2020
invited consultees from a wide range
of backgrounds, with a diverse range
of experiences to submit their views on the pote
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How is 'whole areas of law are considered' an advantage with evidence?
impact of any new law on related areas is fully explored
law commission published paper on contempt of court in 2012 which covered; contempt in face of court, court reporting, juror misconduct and internet publications, scandalising the court
law commission published paper on contempt of court in 2012 which covered; contempt in face of court, court reporting, juror misconduct and internet publications, scandalising the court
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How is 'it can bring the law on one topic together in one act' an advantage with evidence?
law easier to find and therefore more accessible to all
powers of the criminal courts (sentencing) bill
powers of the criminal courts (sentencing) bill
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How is 'it simplifies and modernises the law' an advantage with evidence?
law easier to understand and therefore more accessible
1989, law commission produced draft criminal code and adopted policy of reviewing areas of criminal law so that one by one they would be modernised before being assembled into a code
1989, law commission produced draft criminal code and adopted policy of reviewing areas of criminal law so that one by one they would be modernised before being assembled into a code
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What are three advantages of reform through the law commission?
- government is slow to implement the reforms
- some reforms may never be implemented
- parliament may make changes to the proposed reforms without the benefit of legal expertise
- some reforms may never be implemented
- parliament may make changes to the proposed reforms without the benefit of legal expertise
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How is 'government is slow to implement the reforms' a disadvantage with evidence?
significant areas of work can be wasted if they are not deemed politically important
offences against the person - repeated reports for reform of the 1861 act have not been implemented
offences against the person - repeated reports for reform of the 1861 act have not been implemented
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How is 'some reforms may never be implemented' a disadvantage with evidence?
time and money wasted on research and preparation which is not put into place to benefit the public, despite experts identifying a need
took 16/17 years for reforms about damages in fatal accident cases to become law and were implemented by judiciary rat
took 16/17 years for reforms about damages in fatal accident cases to become law and were implemented by judiciary rat
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How is 'parliament may make changes to the proposed reforms without the benefit of legal expertise' a disadvantage with evidence?
legal expertise that went into the suggestions for reform is ignored
coroners and justice act 2009 bears little resemblance to law commission proposals in a 2006 report and has been heavily criticised by academic commentators
coroners and justice act 2009 bears little resemblance to law commission proposals in a 2006 report and has been heavily criticised by academic commentators
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Other cards in this set
Card 2
Front
What are some reasons the law may need to be reformed?
Back
- age of statute
- existence of common law governing
- language of legislation may have been shown to be ambiguous or unsatisfactory
- existence of common law governing
- language of legislation may have been shown to be ambiguous or unsatisfactory
Card 3
Front
Why is it important to have an independent body to oversee law reform?
Back
Card 4
Front
What is the law commission and what act created it?
Back
Card 5
Front
Who does the law commission consist of?
Back
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