law making and reform (chap7)

• When was the Law Commission established?

  1965
• What is the primary task of the Law Commission?

  Reviewing and reforming the law
• What is the composition of the Law Commission?

  • A chairman (high court judge)
  • Four highly qualified lawyers
  • Additional research support staff
• What does section 3 of the Law Commissions Act state about the Commission's duties?

  Reviewing laws for systematic development
• What are the main focuses of the Law Commission?

  Codifying laws and eliminating anomalies
• What areas of law does the Law Commission focus on for reform?

  • Criminal law
  • Contract law
  • Tax law
  • Land law
  • Family law
• What is the first step in the Law Commission's reform process?

  Research into a relevant area of law
• What document does the Law Commission issue to seek public input on potential reforms?

  Consultation paper
• What happens after the Law Commission reviews public responses?

  It drafts a proposed report and Bill
• What is the process for a proposed Bill to become law?

  1. Draft report issued
  2. Proposed Bill goes through parliamentary process
  3. Bill must be passed by parliament
• What was the initial approach of the Law Commission towards codification?

  Reviewing broad areas of law
• What shift occurred in the Law Commission's approach to codification?

  Moved to a "building block" approach
• By what year did the Law Commission focus on manageable areas for reform?

  2003
• What did the 2015-16 report emphasize regarding future codification?

  Targeting confusing or incoherent statute law
• What is the purpose of consolidation in law?

  • Bringing together multiple acts
  • Creating a single act without changing law
  • Making law more accessible
• How many consolidation Bills did the Law Commission produce annually until 2006?

  5-6 consolidation Bills
• What happened to the number of consolidation Bills produced from 2006 to 2016?

  Only 2 were produced
• What issue arose with consolidated laws after their creation?

  They were fragmented by new legislation
• What has the Law Commission suggested in response to fragmented sentencing laws?

  Creating a new consolidated Bill for sentencing
• What does the repeal of an Act involve?

  Identifying outdated Acts for removal
• How many Acts had the Law Commission overseen the repeal of by 2015?

  Over 3000 Acts
• What was the target of the 20th statute Law (repeals) Bill published in 2015?

  Repeal of 209 Acts
• What was a significant reason for the slow implementation of reforms?

  Lack of parliamentary time and interest
• What measures were introduced to improve the implementation of Law Commission proposals?

  1. Law Commission Act 2001
  2. Speedy government responses process
  3. Dedicated parliamentary procedure for uncontroversial reforms
• What was the success rate of the Law Commission's reforms in its first decade?

  85%
• What was the success rate of the Law Commission's reforms in the second decade?

  50%
• What are the advantages of reform through the Law Commission?

  • Researched by legal experts
  • Consults before finalizing proposals
  • Considers wide areas of law
  • Simplifies and modernizes the law
• What are the disadvantages of reform through the Law Commission?

  • Slow implementation by parliament
  • Lack of parliamentary time
  • Changes made without legal expertise