the law commission

• what act set up the law commission?


  The law commission act 1965
• what type of body is the law commission?


  independent body
• why is the law commission needed?


  to supervise the systematic development & reform of the law
• what did sir terence etherington say?


  "no body has had greater impact on the law than the law commission since 1965"
• is the law commission temporary or permanent, part-time or full-time?


  permanent, full-time
• who makes up the law commission?


  -5 commissioners

  -chairperson
• who are the commissioners?


  experienced judges, barristers, solicitors or teachers of law
• who is the chairperson?

  high court or appeal court judge
• who long do the commissioners sit for?


  5 years
• how long does the chairperson sit for?


  3 years max
• what other bodies support the law commission?

  parliamentary counsel, chief executive & research assistants (qualified law graduate)
• Is the law commission proactive or reactive?

  It is both
• how is the law commission proactive?


  they decide what areas of law to consider
• how is the law commission reactive?


  they respond to government requests to investigate law reform possibilities in a particular area
• ROLE OF LAW COMMISSION
• when does the law commission consider reviewing an area of law?


  -importance

  -suitability

  -resources
• expand on importance


  consider the extent to which the law would benefit from reform
• expand on suitability 


  consider whether the law commission is the suitable body to conduct the review
• expand on resources

  considers if there is valid experience of commissioners & staff, there is funding available & whether the project meets requirements of the programme
• PROCESS OF THE LAW COMMISSION
• what is the first step of the process?


  researching the area
• what is the second step of the process?


  publishing a consultation paper seeking view on possible reforms
• what is the third step of the process?


  drawing up proposals for reform while taking into account any responses
• what is the fourth step of the process?

  presenting proposals in a report which often includes a draft bill
• what is the fifth step of the process?


  legislative process through parliament takes place
• what does S3 of the law commission act 1965 say their role is?


  -repeal archaic & unnecessary laws

  -codify & consolidate laws

  -fix anomalies

  -simplify & modernise the law
• why does the commission have to repeal laws?


  There are many old statutes still in the statute book which relevance
• Since the statute law (repeals) Act how many acts have been repealed?


  3000+
• since the statute law (repeals) act 2013 how many acts & parts have been repealed?


  acts - 817

  parts - 50
• give an example of codification by the commission

  draft criminal code 1989
• give an example of consolidation by the commission 


  charities act 2022
• EVALUATION OF CODIFICATION & CONSOLIDATION
• Give an advantage 


  Increases accessibility, consistency & certainty due to law being contained in one place
• give the disadvantages 


  -could make the law too rigid & unable to respond to change

  -unlikely stays as a single document for long