Law reform
14 important questions on Law reform
What was the outcome of the 2015 Statute Law (Repeals) Bill?
- Repealed 209 complete Acts.
- Removed redundant provisions from 63 other Acts.
- Aimed to eliminate Acts from the 1940s post-World War.
- Acts are considered completely redundant.
What is the function and structure of the Law Commission?
- Established in 1965 by the Law Commission Act 1965.
- Comprises a chairman (High Court Judge), 4 commissioners (qualified lawyers), and support staff.
- Main duty: review laws to ensure they're modern, simple, and fair.
Describe the measures implemented to improve the Law Commission's proposal rates.
- Law Commission Act 2009: Requires Lord Chancellor’s annual report on implementation progress.
- 2010 Protocol: Ministers provide interim responses within six months.
- Implemented a special parliamentary procedure.
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How does the Law Commission identify laws for reform?
- Considers areas needing reform.
- Refers to Lord Chancellor or seeks government approval.
- Drafts and issues reports.
- Consults before finalizing.
- Submits final report to Parliament.
What was the implementation rate of Law Commission reports by March 2016?
- Total 217 reports published.
- 143 reports (66%) implemented or accepted in whole or part.
- 19 reports awaiting response.
- Government rejected 31 reports.
List some examples of important laws implemented after Law Commission proposals.
- Land Registration Act 2002: Modernized registration.
- Corporate Manslaughter Act 2007: Liabilities for deaths by work practices.
- Coroners and Justice Act 2009: Removed defense of provocation.
- Criminal Justice and Courts Act 2015: Reformed contempt of court.
- Consumer Rights Act 2015: Ensured consumer legal rights.
What does the term "contempt of court" mean?
- Disobeying a court's order.
- Example: Using a phone in court when prohibited.
Explain the concepts of systematic development and reform by the Law Commission.
- Involves codification, consolidation, and repeal.
- Systematically reviews laws for simplification and accessibility.
- Combines laws into single Acts, improving efficiency.
How was the Law Commission set up, and what personnel does it have?
- Established by Law Commissions Act 1965
- Consists of a Chairman and four other Commissioners
- Includes support staff
How many Acts have been repealed and consolidated by the Law Commission?
- Over 3000 out-of-date Acts repealed.
- 220 consolidation Acts by 2006.
- Examples include the Charities Act 2011 and Co-operative and Community Benefit Societies Act 2014.
What is the main function of the Law Commission?
- Reviews laws for systematic development and reform
- Focuses on codification and repeal
What does Section 3 of the Law Commission Act ensure?
- Duty to review laws continuously.
- Guarantees laws remain modern, simple, and fair.
- Enhances accessibility and relevance.
Can you list some recent reforms implemented by the Law Commission?
- Coroners and Justice Act 2009: abolished defence of provocation
- Criminal Justice and Courts Act 2015: addressed jury misconduct via internet
- Consumer Rights Act 2015: legal right to reject faulty goods
What has been the Law Commission's success rate in passing reforms into law?
- First 10 years: 85%
- Second 10 years: 50%
- Improvement noted thereafter
- Overall (1965–2016): 66% of reports became law
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