Law reform

Law commission

Set up in 1965 by law commissions act it is a full time body consisting of a chairman who is a high court judge and four other law commissioners + support staff

They are concerned with keeping review of all law, systematic development and reform, codification and repeal

Reform

Considers ares of law that need reform lord chancellor can recommend these or they can decide for themselves and then seek gov approval to draft a report.

Concerned with substantive law

After topic chosen the law commission researches the law then issues a consultative paper and the a final report often with draft bill attached

Codification

Reviewing all the law on one topic and creating a complete code of law

Consolidation

Combining the law from several acts of parliament into one act of parliament

At fist lots of law consolidated but now less common

Repeal of an act of parliament

the act ceases to be law. Only parliament can repeal an act of parliament

Implementation os the law commissions proposals for reform

In 1990 not one of reforms were enacted by parliament and so new measures were introduced

1. The law commission act 2009 amending the 1965 act which placed a requirement on the lord chancellor to report to parliament annually on the govt progress with implementing reports

2. A protocol between gov and law commission in march 2010. Sets out that the minister for a relevant department will provide an interim response asap but not later than 6 months after the report and will give a final response within a year

3. A dedicated parliamentary procedure to implement reports operated since 2010 6 acts have been passed this way

Implementation rate

By march 2016 217 reports had been produced and 143 had been accepted in whole or part.

Examples of laws implemented

Consumer rights act 2015-right to reject faulty goods and to refund

Criminal justice and courts act including reform of contempt of court of jurors.

Advantages to reform through law commission

Areas of law are researched by legal experts

Law commission consults before finalising

Whole areas of law can be considered not just small issues

If parliament enacts the reform of a whole area of law in one act then it is easier to understand and find

Reform can simplify and modernise law

Disadvantages to reform through law commission

Failure of parliament to implement reforms

Lack of parliamentary time

Gov may not follow all principles

Wording may be changes as bill goes through parliament

Gov does not have to consult the law commission to changes on the law