The Role and Effectiveness of the Law Commission
The Law Commission is the main law reform body. It was set up in 1965
by the Law Commission Act It is a full time body that consists of a
chairman, 4 law commissioners, support staff to assist in research,
and 4 parliamentary draftsmen. The Law Commission is an independent,
government-funded organisation, which reviews areas of the law that
need updating, reforming or developing. It makes recommendations to
Parliament, and these recommendations are published in its report
series. The Law Commission helps ensure that laws provide effectively
for the current and future needs of our rapidly changing society.
Their role which is set out in S.3 of this act states that they
should: ‘keep under review all the law with a view to its systematic
development and reform, elimination of anomalies, repeal of obsolete
and unnecessary enactments, reduction of separate enactments, the
simplification and modernisation of the law.’
The advantages of this law commission is that it is a full time body
which shows that it is always in operation, it is the main law reform
body, they have support staff to assist in research, they have a
rotating chair person which shows that they have fresh ideas and
brains and they have a clear role (S.3 of the act). The topics that
the law commission have to consider are referred to by the Lord
Chancellor on behalf of the government. Otherwise the Law Commission
can select an area they feel is in need to reform. There are many
stages of the process of law reform. Firstly the commission have to
research the area of law that they are covering and they have to
suggest wha...
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...roversial.
The current role of the law commission as a whole is as follows: It
reviews the law independently from Government with the aim of securing
benefits for the public, its purpose is also to achieve real benefits
from the public (citizens, organisations and institutions) that live
under and use the law. It can do this in many ways. Firstly it can
make substantive changes to the law to produce fair balance between
various rights and obligations that law creates. It can make the law
simpler by removing any unnecessary procedures, duplications or by
permitting modern technology. It may also make the law more clearer
and more accessible. This leads to prove that people are more likely
to comply with the law if it is simple and clear, it could also result
in fewer disputes and less expense due to less legal advice.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
There are many influences on the way our law is formed and it can come
Compliance may follow because the request is morally right, but obedience results from potential risk to sanctions. Fear of the consequences resulting from disobedience can compel obedience...
Answer: law consists of many layers that interact together at different stages of government in order to support the personal rights, duties and describe the frame work of business, at the very base of these sources lays the constitutional law that can be simplified as the whole body of principals that describes the governmental structure and states the relationship between the people and their government. It is divided into two main branches the state constitution and federal constitutions. As well other sources of law contain the statuary law that consists of legislative acts that declare commands and prohibits some actions. At the state levels, statutes control the process of foundation of corporations, probate of wills, and property title transferring processes. It is divided into three parties that are the state legislatures, the federal U.S congress & the local government. And there are also the administrative laws that are decided by two agencies that are the state administrative agencies & the federal administrative agencies and these laws have the same forces of statutes. And the presence of private laws is very important as it sets the rules and regulations parties agree to as per their contractual relationships. Case laws, treaties and executive orders, and uniform state law are all considered also sources of law
I am going to start by defining what the rule of law is. It is the principle that says that no person or government institution is above the law. Everybody has to obey the law without exception. The rule of law contributes to the economy growth for these aspects. It is important for capitalism. The necessity of long-term agreements and contracts requires the use of law, the law protects both buyers (they will get what they pay) and sellers (legal competitive market). Another reason is that people have the opportunity to have a job and receive a salary for their work. The law protects workers and ensure that they receive the fruit of their work (wage) according
It is utilized to direct exercises, approve certain activities, supply assets, for example, subsidizing, execute endorses and allow or deny certain exercises. such as selling alcohol or any other drug that is a bad influence to the society. For an issue to be considered for entry or refusal in legislation, the thing should first be proposed by an individual from the lawmaking body, for example, an individual from Congress or a judge. The thing is then examined among different individuals from the council, who choose whether to put the thing up for thought in passing legislation.
The judicial process basically involves a series on intertwined roles and procedures for resolving disputes through an authoritative individual or people whose decisions tend to be obeyed on a regular basis. The judicial process or functions also involve the use of administrative agencies, which were created to help the government in enacting the law in a simpler and more direct way than the legislature. Given the nature of their functions, administrative agencies do not necessarily adhere to the civil procedure established for courts and employ less formal means of pursuing their actions. However, there are various concepts and processes of administrative agency judicial functions in relation to different components
Not all ombudsmen might know that they use the Soft Law toolbox. This paper aims to show how they do it and that the fluid system of the bottom-up building of norms is appreciated both by public and administration.
Public Law Constitutionalism is the organisation of power within a government to prevent the over-centralization, and possible abuse of state power. Hence, by doing so, upholding the fundamental civil rights of the public. Such beliefs may be manifested within a written document-a constitution, which aims to enact these beliefs by outlining certain terms which the government formed must adhere to. Such terms may address the distribution of power within a government by specifying the organs of the government and their respective roles. Basic rule-making procedures, procedures to amend the document itself and most importantly, fundamental civil rights, will also be expressed within it.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
Laws and legal system is important to establish a successful and developed country. Judiciary is the primary institution to give maintenance of law and administration of justice. The judiciary is one of the most important organ of government in Malaysia which its main function is to interpret the law which passed by the legislative. It also playing an important role under constitution to ensure the constitutionalism of the land by the conduct of check and balance which uphold the concept of separation of power and rule of law. The judicial branch have power to check on executive on the ground of validity and constitutionality of law by exercise of judicial review. Article 128 clearly provided the power to the court to strike out any law made by the Parliament or by the Legislature as invalid if they are contradict with the Constitution of the land.
The new Association Registration Law was enacted by the Union Parliament on June 25, 2014. Before legislation this law, there was crucial several discussion periods with the government. On August 15th 2013, representatives from more than 275 CSOs, CBOs and network participated in meetings with Members of Parliament (MPs) and the Parliamentary Affairs Committee regarding the draft Law on Associations.
Administrative law is a set of law and legal principles which are the tools for the public administration in order to accomplish their tasks. It covers a big area of governmental legal operations and procedures with a help of different agencies such as commissions, departments, divisions and boards. However, administrative law is also an instrument of conflict between players that are involved in it. And there are three types of conflict that administrative law is involved in: these are political, institutional and economic. There are also some challenges for administrative law in the modern world. And one of them is that comparative administrative law was neglected while there was a boom
Necessity can be used as a defence, making the specific act lawful , in certain circumstances if the act complies with the requirements of the defence being (1) there must be an inevitable danger threatening a legally reco...