The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Influences on Parliamentary Law Making

The Law Commission

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Objectives

• Identify the main influences on Parliament

• Describe the main functions of the Law Commission

• Explain the advantages and disadvantages of the Law Commission as an influence on Parliament

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Influences on Parliamentary Law Making

• In your groups come up with as much information as you can about the two institutions:

1.Parliament

2.Government

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Parliament

• Made up of House of Commons (elected MPs)• And House of Lords (non elected Lords – either

appointed to title or through inheritance)• And Queen (although her part is purely

ceremonial – well almost)• All three have to agree on a law in order for it to

come into force.• Located in London

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Government• Responsible for day to day running of the country• Made up of MPs from largest party in the house of commons• May be made up of some of the Lords• Head of the Government is the Prime Minister• He/she is assisted by some senior ministers who make up what

is known as the cabinet.• List as many cabinet ministers roles as you can (i.e. Prime

Minister) and see if you guess what they are responsible for.• Who are the main cabinet ministers responsible for all matters

concerning the law.

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Parliament and Government

• Parliament is supreme law making body in UK• Makes laws for England (and in some areas

Wales, Scotland and Northern Ireland)• Pressure on Parliament to make, amend or

repeal laws comes from various sources• Many laws introduced by government• This is to implement its political agenda• There are other influences although we consider

only three

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Main Influences

• Law Commission

• Pressure Groups

• Media

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

The Law Commission - Description

• Independent, permanent and full-time law reform body.

• Set up by Law Commissions Act 1965

• Full time staff headed by five Law Commissioners including Chairman

• Chairman is a High Court Judge and has a large remit

• Remaining commissioners are all academic or practicing lawyers.

• Each commissioner has a team working for them

• Sec 3(1) of the Act states role is ‘KEEP UNDER REVIEW ALL THE LAW’

• This includes codification, consolidation, repeal, simplification and modernisation of the law.

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

The Law Commission – A Case Study

• Read the extract from the Times 1999 (supplied on site) and answer the following questions.

• How many unimplemented reports were there in 1999? Which three does the writer refer to specifically?

• What is meant by ‘codification’? From the article, assess how likely it is that it will be achieved.

• From what is written in the article explain why any of the Law Commission’s proposals have not been implemented.

• What solution does Mr Justice Carnworth suggest?

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Codification• Means bringing together of all the law on a particular topic into one Act of

Parliament.

• At the start was supposed to simplify contract, landlord and tenant laws, family law, and the law of evidence.

• 1989 draft Criminal Code published but not yet implemented.

• Original plan over ambitious

• Now looking to codify smaller areas

• Criminal now moved to Murder and Homicide November 2006

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Consolidation• Means bringing together of all the statutory provisions relating

to a particular area into one Act of Parliament.

• Makes law more understandable and accessible.

• Does not require changes in the law (Education Act 1996)

• Both require constant updating

• This is due to Judges and Government adding or interpreting the law soon after it comes into effect

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Repeal

• Removal of laws that have no further use.

• Once passed can generally only be repealed or altered by another act

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Operation• These processes simplify the law

• Also necessary to suggest changes and create new areas of law.

• In your groups think of an example of a necessary change and a totally new area of law in the past 10 years.

• Areas referred by government and has an autonomous role

• Also pressure form other areas (Criminal Attempts Act 1981 from academics)

• Research Working Paper Consultation Report

• Example Year and a Day Reform Act 1996

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Advantages• Can you think of the advantages of the service offered by the Law

Commission?

• Possesses a large amount of expertise

• Large amount of research carried out

• Therefore well informed and helps to make good law

• Independent (all areas kept under review not those government interested in)

• May decide to investigate itself

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Disadvantages• Can you think of the disadvantages of the service offered by the

Law Commission?

• About a third of recommendations not implemented.

• Government not obliged to carry out recommendations

• Government does not have to consult when it implements law

• Investigations too lengthy and takes too long to come to fruition

• Lack of thoroughness as investigates up to 30 issues at a time

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Plenary• If you were the Law Commission which specific area of the law

would you choose to research?

• What were the reasons for your decision?

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The Law Commission

Parliamentary Law Making - Influences

© The Law Bank

Objectives

• Identify the main influences on Parliament

• Describe the main functions of the Law Commission

• Explain the advantages and disadvantages of the Law Commission as an influence on Parliament

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