June 1st, 2010 by admin

The reform of UK law is generally handled by the Law Commission which is an independent body created by the Law Commission Act 1965. The main aim of the Commission is to keep the law under constant review and recommend where changes to the law should be made in the public interest. The Act requires the Commission to submit “programmes for the examination of different branches of the law” to the Lord Chancellor.Changes to the law can be widespread and diverse, as the Commission looks at every area of UK law. The Commission covers criminal, civil, family, housing, public, tort and contract law. There are five Commissioners that work for the Law Commission full time, with the chairman being either a High Court or Court of Appeal judge.

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The Law Commission itself does not have any judicial or legislative power. It can only make recommendations for changes to legislation that must be enacted by Parliament before they become law and appear on the statute book. The Lord Chancellor reports annually on the Commission’s recommendations and how these could be implemented by new acts of Parliament.

Choosing which laws should be reviewed is done through consultations and research carried out continuously by the Commission. One of the Commission’s main aims is to ensure consistency of the law and improve its simplicity. It also seeks to remove gaps or anomalies that may have been highlighted in court cases, such as when common law and statute law conflict with each other or leave certain questions unanswered. The Commission cannot and does not give personal advice about any point of law.

If you think that an area of law needs to be reviewed you can get in contact with the Law Commission and submit your suggestions in response to their current consultations and reports. Alternatively, you may consider getting in contact with your local MP or raising public awareness on the issue, such as through the media. If the law affects you personally you may be able to take legal action through the courts. If the courts believe that the question of law is important to the public interest they may escalate it through the court hierarchy and appeal system. Cases that reach the Supreme Court – the highest court of appeal in the UK – may result in judicial criticism of the law to which Parliament will respond with changes to the law. Similarly, cases concerning European law which are taken through the domestic court system or to the ECJ can highlight areas in which the UK government is not complying with its requirements under European law, resulting in changes to the law.