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The Role And Effectiveness Of The Law Commission

1032 words - 4 pages

The Role and Effectiveness of the Law Commission

The Law Commission is the main law reform body. It was set up in 1965
by the Law Commission Act It is a full time body that consists of a
chairman, 4 law commissioners, support staff to assist in research,
and 4 parliamentary draftsmen. The Law Commission is an independent,
government-funded organisation, which reviews areas of the law that
need updating, reforming or developing. It makes recommendations to
Parliament, and these recommendations are published in its report
series. The Law Commission helps ensure that laws provide effectively
for the current and future needs of our rapidly changing society.
Their role which is set out in S.3 of this act states that they
should: ‘keep under review all the law with a view to its systematic
development and reform, elimination of anomalies, repeal of obsolete
and unnecessary enactments, reduction of separate enactments, the
simplification and modernisation of the law.’

The advantages of this law commission is that it is a full time body
which shows that it is always in operation, it is the main law reform
body, they have support staff to assist in research, they have a
rotating chair person which shows that they have fresh ideas and
brains and they have a clear role (S.3 of the act). The topics that
the law commission have to consider are referred to by the Lord
Chancellor on behalf of the government. Otherwise the Law Commission
can select an area they feel is in need to reform. There are many
stages of the process of law reform. Firstly the commission have to
research the area of law that they are covering and they have to
suggest what is need to reform. The commission will then publish a
consultation paper which will seek the opinions on the reform. This
paper will describe the current law and shows the problems and also
look for options on reformation. Following this, the commission will
draw up positive proposals for reformation which will be presented in
a report which sets out the research that led to the conclusions. Very
often there will be a bill attached to the report with intent that
this is the way that the reform will come into effect. Lastly, the
bill has to enter parliament and has to go through the process from
parliament to become law. This is the aspect of law that creates back
log of reforms because parliament often fail to consider the reforms
that are proposed.

The law commission can reform the law in many different ways. Firstly
they can do it...

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