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Law Making - Law Reform (LC continuation) (Implementation of the LC's…
Law Making - Law Reform (LC continuation)
Implementation of the LC's proposals for reform
the LC has produced over 300 reports proposing reform of the law in a wide variety of areas of law
however, in order to be effective, their proposals then have to be passed as law by Parliament
in the first 10 years of its existence, the LC has a high success rate with 85% of its proposals being enacted by Parliament
during the next 10 years, only 50% of its suggested reforms became law
this lack of success was due to parliamentary time and a disinterest by parliament in technical law reform
the rate hit an all time low in 1990 when not one of its reforms was enacted
since then there has been an improvement and there have been 3 measures to ensure that more reforms are implemented
the 3 measures are:
the :black_flag: Law Commission Act 2009 amending the 1965 Act
places a requirement on the Lord Chancellor to report to Parliament annually on the gov's progress in implementing reports
a Protocol agreed between the gov. and the LC in March 2010.
It sets out that the minister for the relevant department will provide an interim response ASAP (no later than the publication of the report) and will give a final response ASAP (within a year of the report publishing)
a dedicated Parliamentary procedure to implement LC reports
regarded as 'uncontroversial'.
this has operated since 2010 and 6 Acts have been passed through this
Implementation rate
by March 2016, the LC had published a total of 217 law reform reports
of these, 143 (66%) had been implemented in whole or in part and another 8 accepted awaiting implementation
a response was still being waited for in respect of 19 reports.
Of the rest, government rejected 31 reports
Examples of Law Implemented
:black_flag: Land Registration Act 2002
reformed and modernised the method of registering land. This is important as it affects everyone who buys/seels a house, flat etc.
:black_flag: Corporate Manslaughter and Corporate Homicide Act 2007
made corporations/organisations criminally liable for deaths caused by their working practices
:black_flag: Coroners and Justice Act 2007
abolished the defence to murder of provocation and replaced it with defence of loss of control
Law Commission Summary
Set up:
:black_flag: Law Commission Act 1965
Personnel:
chairman + 4 other commissioners + support staff
Function:
keep law under review with a view to its systematic development and reform, including codification and repealing
Recent Reforms:
Coroners and Justice Act 2009
Land Registration Act
Corporate Manslaughter and Corporate Homicide Act
Success Rates:
first 10 years: 85%
second 10 years: 50%
since improved
overall 66%