Please enable JavaScript.
Coggle requires JavaScript to display documents.
Law Making - Law Reform (Consolidation (up to 2006, the LC produced about…
Law Making - Law Reform
-
Reform
the areas of law for reform may be referred to by the Lord Chancellor on behalf of the government, or the Law Commission itself may select areas and seek governmental approval to draft a report on them
-
concentrates on what is sometimes called 'lawyers' law" or "pure law" - this is substantive law, such as criminal, contract, tort, land, family
-
Codification
-
the code is likely to include existing law as well as creating new law where the previous law was unstatisfactory
-
when the LC was first formed, codification was announced with an aim of codifying family law, contract law, landlord/tenant law and the law of evidence
however, the LC gradually abandoned these schemes in favour of the 'building block approach'. It has therefore concentrated on codifying small sections of the law that can be added later
in particular, the LC spent many years writing a draft criminal code which aimed to include the main general principles of criminal law
-
in 2008, LC stated it would be concentrated on smaller areas as there was more change that the gov. would be prepared to make such reforms of the law
in its 2015-16 Annual Report, the LC pointed out that the 'pattern in future is likely to be codification rather than consolidation'. However, this would only happen in areas where 'statute law is incoherent/confusing and where codification would bring practical, genuine benefits'
Consolidation
-
-
-
this is needed because in some areas there are a number of statutes, each of which sets out a small part of the total law
-
up to 2006, the LC produced about 5/6 Consolidation Bills yearly
by 2006, they were responsible for 220 consolidation Acts
from 2006-2016, only 2 were produced
the :black_flag: Charities Act 2011 and the :black_flag: Cooperative and Community Benefit Societies Act 2014
-
Repeal
-
-
another of the LC's role is to identify old Acts which are no longer used, so that Parliament can repeal them
-
by 2015, there has been 19 Statute Law (Repeal) Acts
over 3,000 out-of-date Acts have been been completely repealed.
this Act has repealed several Acts that were very old and now completely useless, such as an Act of 1969 about the rebuilding of St. Pauls Cathedral
in 2015, the 20th Stature Law (Repeal) Bill was published
this will result in the repeal of another 209 complete Acts and the removal of redundant provisions from 63 other Acts
Many that will be repealed by this were passed during the 1940s to deal with the aftermath of WWII and now completely redundant