Law Commission (England and Wales)
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England and Wales England and Wales () is one of the 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. The substantive law of the jurisdiction is En ...
the Law Commission ( cy, Comisiwn y Gyfraith) 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: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
by the
Law Commissions Act 1965 The Law Commissions Act 1965 (1965 c. 22) 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 During the Victorian era, successive ...
to keep the law of
England and Wales England and Wales () is one of the 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. The substantive law of the jurisdiction is En ...
under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green, a
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
of the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
) 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 is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
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 prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
,
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 pro ...
,
family Family (from la, familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its members and of society. Idea ...
and
trust law A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the " sett ...
,
public law Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
,
commercial law Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branc ...
. 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.


Current commissioners

The current commissioners are: *Professor Sarah Green *Professor Nicholas Hopkins *Professor Penney Lewis *Nicholas Paines KC


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: Mr Justice Cooke (whose term as chair ended with his death in 1978). Mr Justice 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 Ralph Gibson (born January 16, 1939) is an American art photographer best known for his photographic books. His images often incorporate fragments with erotic and mysterious undertones, building narrative meaning through contextualization and s ...
(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–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 commissions, ...
*
Scottish Law Commission The Scottish Law Commission is an advisory non-departmental public body of the Scottish Government. It was established in 1965 to keep Scots law under review and recommend necessary reforms to improve, simplify and update the country's legal sy ...


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 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. The substantive law of the jurisdiction is En ...
Law reform in the United Kingdom Legal organisations based in Wales