Evaluation of LC (12)

• Advantage of Law Commission

  P- Research is carried out by legal experts

  
  

  DEV-Meaning it's thorough. Using experts help proposals to sound legally accurate which increases it's effectiveness and chances of being successful

  • e.g. lawyers and academics

  E- However it may focus too heavily on legal expertise rather than practical applications for wider public as some research may seem too complex
• Advantage of Law Commission

  P- Whole areas of law are looked at together

  
  

  DEV- This ensures consistency in legal rules. It makes sure everything fits together accurately which avoids having laws that contradict each other or changes in one area causing issues in another

  • e.g. Sentencing Act 2020 makes sense for all rules on sentencing to be in one place

  E- However, this can be ineffective as it will take longer for Law Commission as they have to look at many different things at once
• Advantage of Law Commission

  P- Independent from government

  
  

  DEV- Allows Law Commission to have unbiased research and make recommendations without government control making them non political. Ensures that reforms are impartial

  
  

  E- However the government has the final say on whether to implement the recommendations. Political pressures can also delay reforms
• Disadvantage of Law Commission

  P- Only 1 out of 3 proposals are introduced

  
  

  DEV- Government has final say meaning they don't have to accept them. This can lead to frustration as it leaves many proposals not addressed which can undermine Commission for making meaningful change

  • e.g. Draft Criminal Code 1995 - never brought into law

  E- Additionally, a reason for it being 1 out of 3 is Government has other priorities e.g. economic or political concerns. However, it means Law Commissions work is not fully used
• Disadvantage of Law Commission

  P- They can research 20 to 30 areas of law in one time

  
  

  DEV- Decreases attention and focus in certain areas. Commissioners may not split their time properly into topics that require urgent or more attention more than others

  
  

  E- However, researching multiple topics can ensure wide range of issues are addressed, especially ones that aren't urgent but need reform
• Disadvantage of Law Commission

  P- Takes years to produce reports

  
  

  DEV- Process of reviewing area of law, consultations and drafts take a lot of time. Meaning reforms are delayed. Issues they look at might not be problem by time report is produced. Public want quick action

  
  

  E- However, thoroughness of process ensure reforms are well considered and based of large amounts of research