Gavin Howe
The Law Commission is an independent, non-departmental public body sponsored by the Ministry of Justice. It was created in 1965 to review and recommend reforms to the law in England and Wales. The Commission is made up of legal policy experts, including judges, barristers, solicitors, and teachers of law. It is a world leader in law reform and aims to ensure that the law is fair, modern, simple, and cost-effective. The Law Commission is not bound by government policy and provides an independent viewpoint on legal matters. Similar bodies have been established in other countries, including Canada, India, Nepal, and New Zealand.
| Characteristics | Values |
|---|---|
| Year of creation | 1965 |
| Country | England and Wales |
| Replaced | Law Reform Commission of Canada |
| Type of body | Independent |
| Purpose | Keep the law under review and recommend reform where it is needed |
| Focus | Changes that deliver real benefits to people, organisations and institutions |
| Composition | Four teams of lawyers and researchers focusing on distinct areas of law |
| Leadership | Experienced judge, barrister, solicitor or teacher of law |
| Nature of recommendations | Not bound by government policy |
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What You'll Learn
The Law Commission of England and Wales was created in 1965
The Law Commission is a world leader in law reform, and its work ensures that the law and policy in a particular area are fair, modern, simple, and cost-effective. It achieves this through intensive research, analysis, and consultation. The Commission produces comprehensive recommendations for the UK and Welsh Governments, Parliament, and Senedd.
The Law Commission is an advisory body, and its recommendations are not binding on the government. However, its recommendations have led to significant legislative changes over the years. The Commission is chaired by a Court of Appeal Judge and consists of four teams of lawyers and researchers, each led by a Commissioner with expertise in law or teaching.
The creation of the Law Commission of England and Wales in 1965 coincided with the establishment of the Scottish Law Commission, demonstrating a joint effort by the UK jurisdictions to modernise and improve their legal systems.
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The Scottish Law Commission was created in 1965
The creation of the Scottish Law Commission was the result of a long history of legal reform efforts in the UK. During the Victorian era, successive Lord Chancellors worked on reforming the law. However, during the 20th century, Lord Chancellors became too preoccupied with their judicial and political duties to focus on law reform. Despite this, Lord Sankey established the Law Reform Commission, which laid the groundwork for the eventual creation of the English and Scottish Law Commissions.
The direct impetus for the establishment of the Scottish Law Commission came from Lord Gardiner, who convinced Harold Wilson to include a promise to create a Law Commission in the Labour Party manifesto for the 1964 general election. When the Labour Party returned to power, Lord Gardiner made the creation of a Law Commission a condition for accepting the position of Lord Chancellor.
The Law Commissions Bill was introduced to Parliament on 20 January 1965 and received royal assent on 15 June of the same year, marking the establishment of the Scottish Law Commission. The commission consists of five commissioners, including a chairman, appointed by the Scottish Ministers. The commissioners are drawn from those holding judicial office, advocates, solicitors, or university law teachers. They are appointed for a maximum term of five years and are eligible for reappointment.
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The Law Commission of India was established in 1955
The Law Commission of India is an executive body established by the Government of India. The first Law Commission was established during colonial rule in India by the East India Company under the Charter Act of 1833. Lord Macaulay presided over this commission, which recommended codification of the Penal Code and the Criminal Procedure Code. The first Law Commission of independent India was then established in 1955 for a three-year term. It was chaired by M. C. Setalvad, who was also the first attorney-general of India.
Since the first Law Commission of independent India in 1955, twenty-one more commissions have been established. The Second Law Commission was established in 1958 under the chairmanship of Justice T. V. Venkatarama Aiyar. The commissions are established for a fixed tenure and work as advisory bodies to the Ministry of Law and Justice. They undertake research in law and review of existing laws in India for making reforms and enacting new legislation. They also undertake studies and research for bringing reforms to the justice delivery system, such as eliminating delays in procedures, speeding up the disposal of cases, and reducing the cost of litigation.
The other functions of the Law Commission include examining existing laws with a view to promoting gender equality and suggesting amendments. They also examine the impact of globalisation on food security and unemployment and recommend measures to protect the interests of the marginalised. The Law Commission of India has submitted 277 reports so far on various issues.
The last chairman of the Law Commission was retired Supreme Court Judge Justice B. S. Chauhan, who completed his tenure on 31 August 2018. Subsequently, the commission has not been reconstituted. In February 2020, the Government of India announced its intention to reconstitute the commission, and the Supreme Court of India is currently hearing a petition challenging the delay.
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The Law Commission of Canada was created in 1971
The Law Commission of Canada was established by the Law Reform Commission of Canada on July 1, 1971, and was eliminated in 2006. It was an independent body set up by the government to conduct law reform. This includes considering the state of laws in a jurisdiction and making recommendations or proposals for legal changes or restructuring.
The functions of the Law Commission of Canada included drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws, and suggesting the repeal of obsolete or spent laws. The Commission also undertook projects focusing on legislation, with varying scopes.
The Law Commission of Canada was not bound by government policy. Its independence allowed it to provide unbiased views and genuine consultations. The Commission was a trusted source of legal expertise, capable of carrying out in-depth and high-quality consultations and building consensus around proposals.
The Law Commission of Canada was eliminated in 2006 when its funding was discontinued by the Harper government. Since its dissolution, other countries have established their own law commissions, including India, which established its First Law Commission of Independent India in 1955.
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The Law Commission is an independent body
The Law Commission's work focuses on changes that deliver real benefits to people, organisations, and institutions. They conduct intensive research, analysis, and consultation to ensure that the law is fair, modern, simple, and cost-effective. The Commission has a reputation for independence, allowing them to carry out in-depth consultations and build consensus around proposals. Their work includes examining the law around rapidly advancing technology, such as autonomous flight, and consulting on reforms to criminal appeals and access to evidence.
The Law Commission is a world leader in law reform and has a significant impact on the legal landscape in England and Wales. Their recommendations are not always what was initially expected, as they listen to the views of the public and adapt their policies accordingly. The Commission's independence means that their consultations are searching and genuine, leading to unexpected outcomes.
The Law Commission's independence also extends to its appointment process. Commissioners are appointed for a fixed tenure and are chosen based on their outstanding expertise in their respective fields. The Commission is usually chaired by a retired judge of the Supreme Court or a High Court, with legal scholars and serving judges also appointed as members.
The Law Commission's independent status and expertise have led to its recognition as a trusted body. This trust enables the Commission to carry out its work effectively and make meaningful contributions to the legal system in England and Wales.
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Frequently asked questions
The Law Commission was created in 1965 as an independent organisation to keep the law under review and recommend reforms where needed. It is a non-departmental public body of the Ministry of Justice.
The Law Commission is a statutory independent body that keeps the law under review and recommends reforms where they are needed. The aim is to ensure that the law is fair, modern, simple and cost-effective.
The Law Commission is chaired by a Court of Appeal Judge and has four teams of lawyers and researchers focusing on distinct areas of law. Each team is led by a Commissioner who is an experienced judge, barrister, solicitor, or teacher of law. The Law Commission is not bound by government policy and provides a truly independent viewpoint.
The Law Commission examines a wide range of projects, including the law around autonomous flight and criminal appeals. They also seek views on the law relating to digital assets and electronic trade documents in private international law.
