Parliamentary Law Making Influences The Law Commission Influences

Parliamentary Law Making - Influences The Law Commission Influences on Parliamentary Law Making The Law Commission © The Law Bank 1

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 2

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 3

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 4

Parliamentary Law Making - Influences The Law Commission 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. © The Law Bank 5

Parliamentary Law Making - Influences The Law Commission Parliament and Government • Parliament is supreme law making body in UK • Makes laws for England (and in some areas Wales, Scotland 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 © The Law Bank 6

Parliamentary Law Making - Influences The Law Commission Main Influences • Law Commission • Pressure Groups • Media © The Law Bank 7

Parliamentary Law Making - Influences 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. © The Law Bank 8

Parliamentary Law Making - Influences 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? © The Law Bank 9

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 10

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 11

Parliamentary Law Making - Influences The Law Commission Repeal • Removal of laws that have no further use. • Once passed can generally only be repealed or altered by another act © The Law Bank 12

Parliamentary Law Making - Influences The Law Commission 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 • Example Year and a Day Reform Act 1996 © The Law Bank Working Paper Consultation Report 13

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 14

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 15

Parliamentary Law Making - Influences The Law Commission 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? © The Law Bank 16

Parliamentary Law Making - Influences The Law Commission 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 © The Law Bank 17