In
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 Eng ...
the Law Commission ( cy, Comisiwn y Gyfraith) is an independent
law commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
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
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, successiv ...
to keep the
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
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 Eng ...
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) 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 supremac ...
that, if legislated upon, would implement its law reform recommendations. The commission is part of the
Commonwealth Association of Law Reform Agencies The Commonwealth Association of Law Reform Agencies is an international association of permanent law reform agencies within Commonwealth nations that work on law reform. The organization hosts regular conferences which focus on developing reforms. ...
.
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 i ...
,
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 Social group, group of people related either by consanguinity (by recognized birth) or Affinity (law), affinity (by marriage or other relationship). The purpose of the family is to maintain the well-being of its ...
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 "settl ...
,
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
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986.
Early life and education
Scarman was born in Streatham but grew up on the borde ...
(1965–1973)
*Samuel Cooke
Samuel Winter Cooke (13 March 1847 – 26 June 1929) was an Australian politician.
Early life
Cooke was the son of pastoralist Cecil Pybus Cooke and Arbella, née Winter. He was sent to England for his schooling, where he attended Mr S ...
(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 su ...
(1981–1985)
*Roy Beldam
Sir Alexander Roy Asplin Beldam, PC (29 March 1925 – 16 October 2020) was a British judge who served as Lord Justice of Appeal in England and Wales from 1989 until 2000.
Early years
He was the son of the first-class cricketer and photographe ...
(1985–1989)
*Peter Gibson
Sir Peter Leslie Gibson (born 10 June 1934), is a former British barrister and Lord Justice of Appeal of the Court of Appeal of England and Wales, and is currently a judge of the Qatar International Court. Gibson has also served, between April ...
(1990–1992)
* Henry Brooke (1993–1995)
* Mary Arden (1996–1999)
* Robert Carnwath (1999–2002)
* Roger Toulson (2002–2006)
*Terence Etherton
Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court ...
(2006–2009)
*James Munby
Sir James Lawrence Munby (born 27 July 1948) is a retired English judge who was President of the Family Division of the High Court of England and Wales. He was replaced by Sir Andrew McFarlane on reaching the mandatory retirement age.
Early l ...
(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 Eng ...
Law reform in the United Kingdom
Legal organisations based in Wales