Law Reform Flashcards G152

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  • Created by: bananaaar
  • Created on: 20-03-14 16:06
Give an example of Governments own policy
New Labour policy to bring rights into the Uk - Human Rights Act 1998.
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How did the UK become part of the EU?
Signing the Treaty Of Rome and Passing the European Communities Act 1972
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Give an example of a directive?
Consumer Protection Act 1987
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Give an example of a Private Members Bill
Abortion Act 1967
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What is the Law Commission and when was it set up?
Set up by the Law Commission Act 1965 and it is a full time, independent law reform body.
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What is the role of the law commission?
Systematically keep all English law under review, to receive and consider proposals for law reform and to consult parties and put proposals forward for law reform.
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How many full time commissioners?
5
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Describe the Chairman of the Law Commission
High Court or Court of Appeal Judge appointed for up to 3 years.
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What are the 4 law commissioners (not chairman) professions?
Experienced judges, barristers, solicitors or teachers of law.
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Who are the law commission appointed by?
Lord Chancellor and Secretary of state for Justice for up to 5 years, although appointments can be extended.
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What are the functions of the law Commission?
To repeal, consolidate and codify.
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Define repeal in terms of the law commission.
To remove out of date statutes. E.g. the Statute Law Repeals Act 1998 repealed over 150 outdated acts. Larceny act repealed by Theft Act 1968.
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Define consolidation in terms of the law commission.
Draw all existing provisions in several acts together under one Act. E.g. Family Law Act 1996 consolidated all domestic violence
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Define codification in terms of the law commission.
To bring together all the law on one topic into one source (instead of common law and legislation). E.g. the Draft Criminal Code 1985 and the Full Code 1989 were an attempt to codify all criminal law.
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How do the law commission perform their functions?
Referral, research, consultation and proposals for reform.
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Define referral in terms of the law commission.
Topics may be referred by the Lord Chancellor on behalf of the government, or the law commission its self may select areas for reform.
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Define research in terms of the law commission.
The Commission researches areas of the law in need of reform and publishes a consultation document seeking views on possible reform.
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Define consultation in terms of the law commission.
A Consultation paper will describe the current law, set out the problems and look at options for reform.
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Define proposals for reform in terms of the law commission.
The proposals will be presented in a report which will also set out the research that led to the conclusions. There will often be a draft Bill attached to the report.
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Success of the law commission.
Occupiers Liability Act 1984, Land Registration Act 2002, Corporate Manslaughter and Corporate Homicide Act 2007 and the Fraud Act 2006.
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Give an example of another agency that look into a certain area of law.
The Royal Commissions is a committee which is set up to look at a particular area of law, e.g. Royal Commission on Criminal Procedures looked into law regarding police powers which lead to PACE 1984.
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Define all other reform bodies.
Royal Commissions ( Theft Act 1978, PACE 1984, Criminal Law Revision Committee 1961) and civil servants due to their expertise in a particular field, can provide expert knowledge to their ministers.
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Critisisms of law reform
Insufficent Parliamentary time, political legislation is put above law reform, judicial decisions may alter the law and this is considered illegitimate, mixed success of law commission (first 10 years 85% implemented, next 10 years only 50%.)
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Why is the Law Commission Act 2009 an improvement?
It creates an annual duty on the Lord Chancellor to report annually to Parliament on the implementation of Law Commission proposals. Then due to the new protocol, the gov must respond within 6 months, and a full response within a year.
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Other cards in this set

Card 2

Front

How did the UK become part of the EU?

Back

Signing the Treaty Of Rome and Passing the European Communities Act 1972

Card 3

Front

Give an example of a directive?

Back

Preview of the front of card 3

Card 4

Front

Give an example of a Private Members Bill

Back

Preview of the front of card 4

Card 5

Front

What is the Law Commission and when was it set up?

Back

Preview of the front of card 5
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