Law reform

what is law reform

where law is introduced, repealed or changed

public opinion

eg 70% citizens wanted immigration reduced in 2015 so the government passed the immigration act 2016

pressure groups

sectional: represent specific groups eg medical association and cause eg just stop oil, hunting act 2004

lobbyists

gain support from individual MPs to persuade them to ask specific questions

law commission

legal experts who find problems with the law, how to fix and propose reform eg CRA2015

what created the law commission

The law commission act 1965

the chair of the LC

high court or appeal court judge appointed for up to three years

four commissioners

experienced judges, solicitors, teachers and barristers appointed up to 5 years though can be extended

chief executive and personnel

chief exec, 20 members of the government legal service, 2 parliamentary counsel and research assistants

there are also one or two non exec board members

section 3 of the law commissions act 1965

the law commissions duty is to review all area of law to make systematic reform by codifying, consolidating and repealing

what does codifying mean

bringing together all laws on one topic eg the draft for the criminal code

consolidating the law

bringing in a law which is spread across cases and statutes in a single act

repealing the law

to get rid of laws that do not need to exist, there have been 19 repeal acts as a result of the LC repealing over 3000 in total

how do the law reform choose an issue

laws may be referred to the LC by the Lord Chancellor or they may choose a topic themselves and seek approval

what do the law reform do once an issue is chosen

research, publish a consultation paper, make a report to propose the reform explaining the process and a draft bill

law commissions act 2009

the lord chancellor must report to Parliament once a year to follow up on why implementation didn’t occur

law commissions act 2010

parliament must pass reports which are uncontroversial

examples of law reform acts

coroners and justice act 2009, CRA 2015