Parliamentary Law Making: The Role And Composition Of The Law Commission (Copy)

Introduction

• The Law Commission is the permanent, independent body established to review and recommend reform of the law in England and Wales.
• Created by the Law Commissions Act 1965, it ensures that laws remain fair, modern, simple, and cost-effective.
• Its role is central to keeping the legal system efficient and relevant to society’s needs.

Composition Of The Law Commission

• Structure
  • Chairperson: traditionally a High Court judge, appointed for renewable terms.
  • Four Commissioners: experienced legal professionals (barristers, solicitors, academics).
  • Supported by a team of legal researchers, parliamentary draftsmen, and administrative staff.
• Current Chairperson
  • The role has historically been held by senior judges such as Lord Scarman (first chair).
  • The chair ensures judicial oversight and credibility.
• Appointment Process
  • Commissioners are appointed by the Lord Chancellor and Secretary of State for Justice.
  • Appointments are based on legal expertise and experience.
• Independence
  • Although funded by government, it operates independently to avoid political bias.
  • Its independence ensures credibility of its recommendations.

Role Of The Law Commission

1. Codification Of Law
   • The Commission seeks to bring together laws on a topic into a single, clear code.
   • Example: efforts to codify criminal law (though full codification has been difficult).
   • Codification provides clarity, consistency, and accessibility.
2. Consolidation Of Law
   • Combines existing statutory provisions into a single Act without changing substance.
   • Example: Powers of Criminal Courts (Sentencing) Act 2000 consolidated laws on sentencing.
3. Repeal Of Obsolete Law
   • Reviews laws that are outdated or unused and recommends repeal.
   • Example: Over 3,000 statutes repealed through Law Commission work since 1965, including outdated wartime regulations.
4. Law Reform
   • Identifies areas where the law is outdated, unfair, or in need of reform.
   • Topics referred by the government or chosen by the Commission itself.
   • Example: reforms to family law, contract law, and criminal offences.
   • Law Commission Report (2015) led to reforms in consumer rights later implemented in Consumer Rights Act 2015.
5. Simplification Of Law
   • Makes law clearer and easier to understand, reducing complexity.
   • Example: recommendations on leasehold reform aimed at simplifying property law.

Process Of Law Reform By The Law Commission

1. Selection Of Project
   • May be referred by government or identified by the Commission.
   • Programme of projects usually announced every few years.
2. Initial Research And Consultation Paper
   • Commission publishes a consultation paper outlining current law, problems, and possible reforms.
   • Public, professionals, and interest groups are invited to comment.
3. Final Report
   • Contains detailed proposals for reform.
   • Often includes a draft bill prepared by parliamentary counsel.
4. Government Consideration
   • Government decides whether to accept recommendations.
   • If accepted, bill goes through normal legislative process.

Successes Of The Law Commission

• Implementation Rates
  • Over 70% of Law Commission recommendations have been implemented in whole or in part.
• Key Reforms
  • Fraud Act 2006: modernised fraud offences.
  • Coroners and Justice Act 2009: implemented reforms on homicide and provocation defences.
  • Criminal Justice Act 2003: influenced by Commission’s recommendations on sentencing.
  • Land Registration Act 2002: reformed property law following Commission proposals.

Challenges And Criticisms

• Dependence On Government
  • Only Parliament can enact reforms. If government does not prioritise, reports may be ignored.
  • Example: Commission’s recommendations on non-fatal offences against the person (reform of Offences Against the Person Act 1861) have not been fully implemented despite long recognition of need.
• Delay In Implementation
  • Some reports take decades to be enacted.
  • Political agendas may sideline reforms even when widely supported.
• Limited Resources
  • Small team compared to the vast scope of law reform needed.

Evaluation

• Strengths
  • Independent and expert-driven → ensures reforms are based on research and fairness, not political bias.
  • Wide consultation → allows democratic input.
  • Proven track record of successful reforms.
• Weaknesses
  • Dependent on government will → recommendations may be ignored.
  • Codification goals not fully achieved, especially in criminal law.
  • Limited resources compared to the scope of outdated laws.

Case Studies Illustrating Role Of Law Commission

• Law Commission Report on Murder, Manslaughter and Infanticide (2006): highlighted problems in homicide law; led to partial reforms in Coroners and Justice Act 2009.
• Fraud Act 2006: modern definition of fraud introduced after Commission recommendation.
• Sentencing Code (2017 draft → Sentencing Act 2020): consolidated sentencing law, reducing complexity.

Written and Compiled By Sir Hunain Zia, World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course