Law Commissions Act 1965
Encyclopedia
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.
s made an effort to reform the law; as Gerald Dworkin
writes, "there was hardly one of the Victorian Lord Chancellors who did not have something to his credit in the sphere of legal reform." During the twentieth century this changed, with Lord Chancellors not having the time or energy to add law reform to their host of judicial and political duties. Lord Sankey
did set up the Law Reform Commission, which led directly to the English and Scottish Law Commissions.
Lord Gardiner
convinced Harold Wilson
to add law reform to the Labour Party
manifesto for the 1964 general election
, and when the Labour Party were returned to power, Gardiner made a promise to set up a Law Commission a requirement for his acceptance of the post of Lord Chancellor. The Law Commissions Bill was introduced to Parliament on 20 January 1965, receiving its second reading on 8 February and the Royal Assent
on 15 June, a remarkably fast passage of a bill.
to review English law
and the Scottish Law Commission
to review Scots law
. The English commission has five Commissioners, including a Chairman, all appointed by the Lord Chancellor. The Commissioners are to have experience working in the legal profession, by legal academics or be members of the judiciary. Each Commissioner sits for five years, although they may resign at any point and still be eligible for reappointment. The Scots Commission has a similar make-up.
The Commissions' duties are:
The Law Commissions are assisted by parliamentary draftsmen, research and administrative assistants and officials from the Government Legal Service
.
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
and the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
, tasked with reviewing English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
and Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
respectively.
Background
During the Victorian era, successive Lord ChancellorLord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
s made an effort to reform the law; as Gerald Dworkin
Gerald Dworkin
Gerald Dworkin is a Professor of moral, political and legal philosophy. He is currently Distinguished Professor of Philosophy at the University of California, Davis. He has also taught at Harvard, MIT, and the University of Illinois, Chicago. He has been a visiting Fellow of All Souls College ,...
writes, "there was hardly one of the Victorian Lord Chancellors who did not have something to his credit in the sphere of legal reform." During the twentieth century this changed, with Lord Chancellors not having the time or energy to add law reform to their host of judicial and political duties. Lord Sankey
John Sankey, 1st Viscount Sankey
John Sankey, 1st Viscount Sankey GBE, KStJ, PC, KC was a prominent British lawyer, judge and Labour politician, famous for many of his judgments in the House of Lords...
did set up the Law Reform Commission, which led directly to the English and Scottish Law Commissions.
Lord Gardiner
Gerald Gardiner, Baron Gardiner
Gerald Austin Gardiner, Baron Gardiner, CH, QC, PC , was a British Labour politician, who served as Lord High Chancellor of Great Britain from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since...
convinced Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
to add law reform to the Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
manifesto for the 1964 general election
United Kingdom general election, 1964
The United Kingdom general election of 1964 was held on 15 October 1964, more than five years after the preceding election, and thirteen years after the Conservative Party had retaken power...
, and when the Labour Party were returned to power, Gardiner made a promise to set up a Law Commission a requirement for his acceptance of the post of Lord Chancellor. The Law Commissions Bill was introduced to Parliament on 20 January 1965, receiving its second reading on 8 February and the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 15 June, a remarkably fast passage of a bill.
Act
The Act created two Commissions; the Law Commission of England and WalesLaw Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
to review English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
and the Scottish Law Commission
Scottish Law Commission
The Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...
to review Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. The English commission has five Commissioners, including a Chairman, all appointed by the Lord Chancellor. The Commissioners are to have experience working in the legal profession, by legal academics or be members of the judiciary. Each Commissioner sits for five years, although they may resign at any point and still be eligible for reappointment. The Scots Commission has a similar make-up.
The Commissions' duties are:
- to consider any proposals for law reform given or directed to them;
- to prepare recommendations for programs of law reform;
- to prepare draft bills or other documents for such programs;
- to prepare statute law revision or consolidation programs;
- to provide legal advice to government departments concerning law reform;
- to examine the legal systems of other nations to obtain any information that would facilitate programs of law reform.
The Law Commissions are assisted by parliamentary draftsmen, research and administrative assistants and officials from the Government Legal Service
Government Legal Service
The Government Legal Service is an umbrella group comprising around 1900 qualified lawyers working as civil servants in around thirty UK Government departments....
.
See also
- Law Commission of England and WalesLaw Commission (England and Wales)In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
- Scottish Law CommissionScottish Law CommissionThe Scottish Law Commission is Scottish advisory public body established by Parliament of the United Kingdom in 1965 to keep the law of Scotland under review and recommend necessary reforms to improve, simplify and update Scots law. It plays a leading role in developing the law for the people of...