Law reform and the Law Commission

Overview

Law reform, composition of the Law Commission and main functions of the Law Commission.

What you need to know

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Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What is meant by law reform?

   Model answer

   Law reform is the deliberate change of the law to remove defects and bring rules up to date. Parliament, the courts and official agencies all contribute to law reform.

2. 2

   Which Act established the Law Commission?

   Model answer

   The Law Commissions Act 1965 established the Law Commission for England and Wales. The Commission is a permanent full time body devoted to reform of the law.

3. 3

   Describe the composition of the Law Commission.

   Model answer

   The Law Commission has a Chair, who is a senior judge, and four other Commissioners. Legal researchers and parliamentary draftsmen support the Commissioners in their work.

4. 4

   State the main functions of the Law Commission.

   Model answer

   The Law Commission keeps the whole of the law under review and recommends reform where the law is defective. The Commission also works on codification, consolidation and the repeal of obsolete statutes.

5. 5

   Distinguish codification from consolidation.

   Model answer

   Codification gathers all the law on a subject, from statute and from case law, into a single Act. Consolidation simply draws existing statutory provisions together without altering the substance.

6. 6

   Describe how the Law Commission works on a reform project.

   Model answer

   The Law Commission researches an area of law and publishes a consultation paper inviting responses. A final report follows, usually with a draft Bill attached.

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