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Explain the role and effectiveness of the law commission

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Introduction

(a) Explain 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.' ...read more.

Middle

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. ...read more.

Conclusion

It has been successful in introducing some reform however it is still limited. Criminal law has also created a big unresolved problem because it cant use fast track procedures as it is too controversial. The current role of the law commission as a whole is as follows: It reviews the law independently from Government with the aim of securing benefits for the public, its purpose is also to achieve real benefits from the public (citizens, organisations and institutions) that live under and use the law. It can do this in many ways. Firstly it can make substantive changes to the law to produce fair balance between various rights and obligations that law creates. It can make the law simpler by removing any unnecessary procedures, duplications or by permitting modern technology. It may also make the law more clearer and more accessible. This leads to prove that people are more likely to comply with the law if it is simple and clear, it could also result in fewer disputes and less expense due to less legal advice. ...read more.

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This is a general answer on the work and effectiveness of the Law Commission. The answer would have been improved throughout by including examples of the work of the Commission.
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Marked by teacher Nick Price 01/05/2013

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