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Law Making - Advantages and Disadvantages of reform through the LC…
Law Making - Advantages and Disadvantages of reform through the LC
Advantages
areas of law researched by legal experts
the LC consults before finalising its proposals
whole areas can be considered, not just small issues
if Parliament enacts the reform of a whole area, the law is in one Act, such as :black_flag: Land Registration Act 2002, and it easier to find and to understand
Disadvantages
Failure of Parliament to implement reforms
LC has to wait for gov. to bring in the reforms it proposes
the gov. is often slow and some LC has not been made law
each year its Annual Report highlights the number of reports which are still awaiting implementation
a major area of criminal law still awaiting reform is non-fatal offences
in 1993 the LC issued a report, recommending reform. 5 years later, the gov. issued a consultation paper which included a draft Bill on this area
however, the gov. did not proceed with the Bill and the reforms proposed by the LC has never been made
this shows how Parliament can be over taking action on the LC's proposals. Clearly the LC can only be effective if the government and Parliament are prepared
Lack of Parliamentary time
a lot of time has to be given to financial matters (such as budged + taxation, health + education + foreign policy)
there is only a limited time left for 'pure law' reform
in the Lord Chancellors report in 2012 on implementation, he stated that the Report on Participating In Crime and the Report on Conspiracy and Attempts were not priority areas and would not be implemented during the lifetime of the then, current Parliament, which lasted until early 2015
Other disadvantages
the gov. may accept the LC's recommendations in principle
however, when reforming, the gov. may not follow all the recommendations
in addition, as a Bill goes through Parliament, changed to the wording may be made so that the final law is very different to that proposed by the Law Commission
this can cause law to be less satisfactory than the original proposals
the gov. does not have to consult the LC on changes in the law
the gov. does not have to consult the LC on changes in the law
this can mean major changes are made without the benefit of the LC's legal knowledges and extensive research
Basic Info
LC has made a large contribution to law reform in England and Wales
Before it was set up in 1965, therer was no full-time law reform body
there was only part time committees that considered small areas