Law Reform as Ocr Law Questions

Law Commission Questions

1. a) Under which Act of Parliament was the Law Commission formed? (2 marks)

The Law Commission was formed under the Law Commission act 1965; the Law Commission is a full-time body.

b) Who are its members and who else works for the Commission? (8 marks)

The Law Commission is made up of a chairman, who is a high court judge (who can also be an appeal court judge). The chairman is appointed for a max of 3 years. The also four different commissioners, who are barristers, solicitors, experienced judges or teachers of law. The other four commissioners are appointed by the Secretary of State for Justice and the Lord Chancellor for up to 5 years; however unlike the chairman their appointments may be extended. The commissioners are also reinforced by a Chief executive and roughly 20 members of the Government legal service, in addition to that 4 parliamentary draftsmen – whose job is to aid drafting the bills to reform and consolidate the law, and a number of research assistants (who are usually recent graduates of law)

c) Explain the role of the Law Commission including summarising section 3? (6 marks)

The Law Commissions’ role is to consider areas of law which are to be in need of reform (areas of law that have basically become complicated, outdated, unfair or unduly). The main purpose of the Law Commission is also stated in Section 3 of the Law Commission Act 1965, which fundamentally states “To keep all Law under review and recommend reform when it is needed”.

2. a) How does the Law Commission decide which areas of law to research? (2 marks)

The Lord Chancellor may select areas of law to research on behalf of the government or the Law Commission itself may select the area, however the Law Commissions Act 1965 requires them to submit “programmes for the examination of different branches of the law” to the Lord Chancellor for his sanction afore undertaking any new work.

b) How is this carried out? (6...