evaluating the law comission

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Created by
Anosh Eric

Cards (9)

  • Advantage:
    • The law commission uses legally qualified commissioners to investigate; they are experts in their respective fields, leading to thoroughly researched reports and fully justified recommendations. Draft bills will also accompany their reports so that there is no need for delay in considering the recommendations by parliament.
  • Advantage:
    • The law commission is politically independent, its aim is to improve the law. The Law Commission does not get involved in matters of public policy. It reports to parliament, and NOT the government ,which will maintain it's independence.
  • Advantage:
    • If parliament accepts a recommendation made by the Law Commission to codify an area of law, it becomes easier for lawyers and the public to understand and apply the law.
  • Advantage:
    • Many old, unnecessary and irrelevant laws are removed from the book of statutes.
  • Disadvantage:
    • The government is reluctant to find parliamentary time to consider and debate 'pure' law issues. this results in the fact that parliament has to wait for the government to accept a law commission report and act on it.
  • Disadvantage:
    • Parliament tends to concentrate on debating matters of broad policy, such that of health and education instead of 'purely legal issues' where there is limited popular support.
  • Disadvantage:
    • The government is not bound to accept the law commission's reports, nor is it bound to implement recommendations, be it in part or in full.
  • What is an example of how the government is not bound to accept the law comission's recommendations?
    In 1993, the Law Commission recommended reforms for the nonfatal offences in criminal law, and in 199,8 to the civil law of negligence; however, neither area of law has been changed.
  • The government is not bound to consult the Law Commission before bringing in the law to parliament. An example of this is that the law commission was not consulted on changes to sentencing practice before any of the four sentencing acts were introduced onto this issue.