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the law commission
The Law Commission

In the United Kingdom, the supreme law-making body is Parliament. Through this, the government introduces numerous laws to implement its political agenda. The Law Commissions was set up by the Law Commission Act 1965 to “keep under review of all the law,” s3(1), being one the many influences on Parliament to make or repeal laws. Independent from the government and their politically generated views, the body is headed by five Law Commissioners, headed by the Chairman, also known as the High Court Judge.

Codification, consolidation and repeal are all part of the Law Commission, which the Chairman oversees. Codification is when all of the law on a certain topic is gathered together under one Act of Parliament, gaining the advantage of making it easier to understand and access. An example of codification is the Criminal Law and Evidence Team, working towards codifying the General Principles of Criminal Law. Consolidation brings all of the statutory provisions relating to a particular topic together into one Act, becoming more understanding, for example, The Education Act 1996. There’s also repeal, the removal of laws that have no further use, for example, by 2009, over 2000 old and out dated laws had been repealed due to recommendations by the Commission. These three processes simplify and modernize the law.

The methodology used by the Commission for investigation consists of four stages, firstly researching the issue, followed by a working paper, thirdly a consultation for anyone wanting to comment on the issue, finally, a report is produced with a drafted Bill attached. The government then choose whether or not they wish to implement these recommendations, for example The Law Reform Act 1996. The Law Commission has other pressures on it that need investigation, for example the pressure from the academics, resulting in the Criminal Attempts Act 1981.

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