Law Commission (England and Wales)
Encyclopedia
In England and Wales
the Law Commission is an independent body set up by Parliament
by the Law Commissions Act 1965
in 1965 to keep the law
of England and Wales
under review and to recommend reforms. The organisation is headed by a Chairman (currently Lord Justice Munby, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations.
In presenting its proposals, the Law Commission chooses an area of law to review after seeking the views of interested parties and taking into account whether it has the resources to do a thorough job of researching and reviewing the current law and producing recommendations that will receive the broadest possible measure of official and public acceptance. At any one time, approximately 20 areas of law will be under review. Law Commission projects cover a wide range of subjects that belong to the criminal law
, property law
, family
and trust law
, public law
, commercial law
and many other areas from time to time.
The Law Commission has a rolling programme of law reform projects, and every three years it consults on any new projects that should be added to the list of those that it already has under way. Consultations are due to begin on what should be included in the next programme, which will be the Commission’s eleventh programme since it was set up. When agreed, the eleventh programme will commence in 2011.
Approximately 68% of the Law Commission’s law reform recommendations have been enacted. A further 7% have been accepted by Government but not yet enacted, and 5% are awaiting a response from Government. Although this success rate is quite high, the Law Commission constantly seeks to improve it. A recent initiative that it hopes will contribute to an increase in the rate at which its recommendations in future will be enacted is a protocol that was set out in the Law Commission Act 2009
. This protocol was agreed between the UK Government and the Law Commission, and under it the Lord Chancellor
has undertaken to report annually to Parliament on Government’s responses to the Commission’s reports.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
the Law Commission is an independent body set up by Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
by the Law Commissions Act 1965
Law Commissions Act 1965
The Law Commissions Act 1965 was an Act which created the Law Commission of England and Wales and the Scottish Law Commission, tasked with reviewing English and Scots law respectively.-Background:...
in 1965 to keep the law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
under review and to recommend reforms. The organisation is headed by a Chairman (currently Lord Justice Munby, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations.
In presenting its proposals, the Law Commission chooses an area of law to review after seeking the views of interested parties and taking into account whether it has the resources to do a thorough job of researching and reviewing the current law and producing recommendations that will receive the broadest possible measure of official and public acceptance. At any one time, approximately 20 areas of law will be under review. Law Commission projects cover a wide range of subjects that belong to the criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, family
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
and trust law
Trust law
In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
, public law
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
, commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
and many other areas from time to time.
The Law Commission has a rolling programme of law reform projects, and every three years it consults on any new projects that should be added to the list of those that it already has under way. Consultations are due to begin on what should be included in the next programme, which will be the Commission’s eleventh programme since it was set up. When agreed, the eleventh programme will commence in 2011.
Approximately 68% of the Law Commission’s law reform recommendations have been enacted. A further 7% have been accepted by Government but not yet enacted, and 5% are awaiting a response from Government. Although this success rate is quite high, the Law Commission constantly seeks to improve it. A recent initiative that it hopes will contribute to an increase in the rate at which its recommendations in future will be enacted is a protocol that was set out in the Law Commission Act 2009
Law Commission Act 2009
The Law Commission Act 2009 is an Act of the Parliament of the United Kingdom. It amends the Law Commissions Act 1965. Its purpose is to compel the Government to provide, through the Lord Chancellor, the reasoning for any decision that it makes not to implement any proposal of the Law Commission...
. This protocol was agreed between the UK Government and the Law Commission, and under it the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
has undertaken to report annually to Parliament on Government’s responses to the Commission’s reports.
Current Commissioners
The current commissioners are:- Professor Elizabeth Cooke
- David Hertzell
- Professor David Ormerod
- Frances Patterson QC
Chairs
- Lord Justice MunbyJames MunbySir James Munby QC, styled The Rt Hon. Lord Justice Munby, is a British Court of Appeal judge, and the present chairman of the Law Commission for England and Wales....
(2009-) - Lord Justice Sir Terence EthertonTerence EthertonSir Terence Michael Elkan Barnet Etherton , styled The Rt Hon. Lord Justice Etherton, is a judge of the Court of Appeal of England and Wales.-Early life:...
(2006–2009) - Lord Justice Sir Roger ToulsonRoger ToulsonSir Roger Grenfell Toulson QC PC is a British judge and member of the Court of Appeal of England and Wales. He was educated at Mill Hill School, to which he won the top scholarship for his year and was one of the most talented pupils, taking 'O' levels at 13, 'A' levels in Greek, Latin and Ancient...
(2002–2006) - Lord Justice CarnwathRobert CarnwathSir Robert John Anderson Carnwath CVO is a British judge.Carnwath was called to the Bar at Middle Temple in 1968. He practised in parliamentary law, planning and local government, revenue law and administrative law. He held the appointment of Junior Counsel to the Inland Revenue from 1980 to...
(1999–2002) - Lady Justice ArdenMary Arden (judge)Mary Howarth Arden, Baroness Mance, DBE , styled The Rt Hon. Lady Justice Arden, is a British judge.She was born in Liverpool. Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson...
(1996–1999) - Lord Justice Henry BrookeHenry Brooke (judge)Sir Henry Brooke is a retired British judge. He became a Lord Justice of Appeal in 1996, and became Vice-President of the Civil Division of the Court of Appeal of England and Wales in 2003...
(1993–1995) - Lord Justice Sir Peter GibsonPeter Gibson (judge)The Rt Hon. Sir Peter Gibson is a retired British barrister and judge who served as the Intelligence Services Commissioner until January 2011...
(1990–1992) - Lord Justice Sir Roy Beldam (1985–1989)
- Lord Justice Sir Ralph Gibson (1981–1985)
- Lord Justice Sir Michael Kerr (1978–1981)
- Mr Justice J. Cooke (1973–1978)
- Lord Scarman (1965–1973)