Essay The Role and Effectiveness of the Law Commission

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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
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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 by repeal, this is a way of tidying up statutes, they get rid of law, they pass ‘Statutes Law Repeal Act 1995.’ Another way they can reform the law is by consolidation, this brings all acts of parliament together on a subject and put them under one piece of legislation. The final way they can reform law is by Codification. This is when they bring all law together (common law and statute law) on one subject. This aspect of law reform is set out in S.3 of the Law Commission Act 1965.

In order to judge the success of the Law Commission we have to consider the areas of law that were to be reformed and whether those reforms were introduced. The law