Law Commission (England And Wales)
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England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
the Law Commission () is an independent law commission set up by
Parliament In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
by the Law Commissions Act 1965 to keep the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
of
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or
Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...
, currently Sir Peter Fraser LJ) 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 The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of ...
that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies.


Activities

The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every three or four years the Law Commission consults widely, asking for suggestions for projects to include in these programmes. Decisions about whether to include a project are based on: * the strength of the need for law reform * the importance of the issues it will cover * the availability of resources in terms of both expertise and funding * whether the project is suitable to be dealt with by the independent Commission. The Law Commission can also take on additional projects that are referred directly by Government departments. At any one time, around 15 to 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 is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
,
property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual prope ...
,
family Family (from ) is a Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictabili ...
and
trust law A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is k ...
,
public law Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that ...
,
commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
. The Law Commission has a rolling programme of law reform projects, and every three years or so it consults on any new projects that should be added to the list of those that it already has under way. In December 2017 it published its 13th Programme of Law Reform. Approximately 70% of the Law Commission's law reform recommendations have been enacted or accepted by government. The Law Commission Act 2009 applies.


Current commissioners

The current commissioners are: * Peter Fraser (chair) * Nicholas Hopkins * Penney Lewis * Prof Alison Young


Chairs

The chair of the Law Commission is usually a High Court judge. Chairs are often promoted to the Court of Appeal. Until 2008, promotion would occur soon after or shortly before the end of their term as chair, with one exception: Samuel Cooke (whose term as chair ended with his death in 1978). Terence Etherton was promoted to the Court of Appeal approximately two years into his term. The most recent incumbents were appointed near the beginning of their terms. * Leslie Scarman (1965–1973) * Samuel Cooke (1973–1978) * Michael Kerr (1978–1981) * Ralph Gibson (1981–1985) * Roy Beldam (1985–1989) * Peter Gibson (1990–1992) * Henry Brooke (1993–1995) * Mary Arden (1996–1999) * Robert Carnwath (1999–2002) * Roger Toulson (2002–2006) * Terence Etherton (2006–2009) * James Munby (2009–2012) * David Lloyd Jones (2012–2015) * David Bean (2015–2018) * Nicholas Green (2018–2023) * Peter Fraser (2023–present)


See also

*
Law reform Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or Law Commission, ...
* Scottish Law Commission * Northern Ireland Law Commission


References


External links


Law Commission website
* - 31 January 2006 {{DEFAULTSORT:Law Commission (England And Wales) Law of the United Kingdom Non-departmental public bodies of the United Kingdom government England and Wales
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
Law reform in the United Kingdom Legal organisations based in Wales