The Role of the Law Commission
TITLE
Explain the role of the Law Commission. Use Table B to mark candidate responses to this question.
ESSAY
Title: The Role of the Law Commission in the English Legal System
Introduction
In the English legal system, the Law Commission plays a crucial role in reviewing, modernizing, and reforming the law to ensure its clarity, efficiency, and accessibility. Established by the Law Commissions Act 1965, the Law Commission is tasked with various functions aimed at improving the legal framework of the country.
Creation and Legal Basis of the Law Commission
The Law Commission was created by the Law Commissions Act 1965. This Act provided the legal basis for the establishment of a body with the responsibility of reviewing, reforming, and consolidating laws in England and Wales. The Law Commission operates as an independent body, separate from the government, and is guided by its statutory mandate to promote the reform of law.
Functions and Responsibilities of the Law Commission
The primary role of the Law Commission is to keep the law under review. This involves conducting research, analysis, and consultation to Expalin areas of law that are in need of reform or modernization. The Law Commission aims to codify the law, repeal obsolete legislation, consolidate existing laws, and simplify legal provisions to enhance clarity and accessibility.
In carrying out its functions, the Law Commission receives references from the Lord Chancellor or may independently Expalin areas of law that require reform. The Commission publishes consultation papers, conducts research, and draws up proposals for reform based on its findings. It may also seek government approval to draft reports and even create draft bills for consideration by the Parliament.
Conclusion
In conclusion, the Law Commission plays a vital role in the English legal system by ensuring that laws are current, coherent, and responsive to the needs of society. Through its functions of reviewing, reforming, and modernizing the law, the Law Commission contributes to the development of a fair and effective legal framework that serves the interests of justice and the public.
Reference:
Law Commissions Act 1965
SUBJECT
LAW
PAPER
A level and AS level
NOTES
๐Role of the Law Commission๐
The Law Commission was established by the Law Commissions Act 1965 with the following purposes:
๐ฅ Keeping the law under review
๐ฅ Aim to codify the law
๐ฅ Repealing obsolete laws
๐ฅ Consolidating laws by bringing together all existing provisions into one Act
๐ฅ Simplifying and modernizing the law
The Law Commission's responsibilities include:
๐ฅ Researching areas of law requiring reform
๐ฅ Publishing consultation papers
๐ฅ Developing proposals for reform
๐ฅ Creating draft bills
Candidates can earn marks by demonstrating understanding of the Law Commission's key responsibilities as specified in the Law Commissions Act 1965.