Fifty Years of the Law Commissions: The Dynamics of Law Reform

Fifty Years of the Law Commissions: The Dynamics of Law Reform


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Product Details

ISBN-13: 9781849468572
Publisher: Hart Publishing
Publication date: 11/03/2016
Pages: 448
Product dimensions: 6.65(w) x 9.60(h) x 1.20(d)

About the Author

Matthew Dyson is a Fellow in Law at Trinity College, Cambridge.James Lee is Senior Lecturer in Private Law at the Dickson Poon School of Law, King's College London and an Associate Academic Fellow of the Honourable Society of the Inner Temple.Shona Wilson Stark is a Fellow in Law at Christ's College, Cambridge, and an Affiliated Lecturer at the Faculty of Law, University of Cambridge.

Table of Contents

Acknowledgements v

Table of Law Reform Reports and Papers xi

Contributors xvii

Part 1 Introduction

1 Introduction Matthew Dyson James Lee Shona Wilson Stark 3

2 Fifty Years of the Law Commissions: The Dynamics of Law Reform Now, Then and Next Lady Hale 17

Part 2 The First Half-Century of the Commissions

3 Introduction Lord Hodge 29

4 Strategies of the Early Law Commission Paul Mitchell 31

5 Fifty Years of Law Reform-A Note on the Northern Ireland Style Neil Paris 46

6 Working on the Larger Canvas-Law Reform in a Federal System: Thoughts on Forty Years of the Australian Law Reform Commission Kathryn Cronin 55

7 Law Reform and Social Policy Eric Clive 64

Part 3 Institutions, Commissions, Committees, Codifiers

8 Introduction Lord Beith 75

9 Memoir of a Reforming Chairman Sir Terence Etherton 76

10 The Duty to Make the Law More Accessible? The Two C-Words George L Gretton 89

11 The Former Law Commission of Canada: The Road Less Travelled Yves Le Bouthillier 97

12 The Law Commission and the Criminal Law: Reflections on the Codification Project Ian Dennis 108

Part 4 The Many Faces of Law Reform

13 Introduction Lord Carnwath 125

14 Democracy, Law Reform and the Rule of Law Lord Toulson 127

15 Promoting Law Reform: By Means of Draft Bills or Otherwise Shona Wilson Stark 139

16 Law Commissions, Courts and Society: A Sceptical View William Binchy 151

17 A Good Name, a Long Game Laura Dunlop 159

Part 5 Implementation by Statute

18 Introduction Dame Mary Arden 173

19 The Legislative Implementation of Law Reform Proposals Sir Grant Hammond 175

20 Post-legislative Scrutiny, Legislative Drafting and the 'Elusive Boundary' Andrew Burrows 189

21 Reflections on Statutory Implementation in the Law Commission Nicholas Paines 198

22 Implementation by Statute: What the Future Holds Hector MacQueen 201

Part 6 How Law Commissions Work

23 Introduction Sir James Munby 217

24 The Law Commission Method: Exportable to the EU? Hugh Beale 219

25 How Law Commissions Work: Some Lessons from the Past David Johnston 235

26 Challenges for Independent Law Reformers from Changing External Priorities and Shorter Timescales Sir Jack Beatson 245

27 The Bill's Progress Stephen Lewis 266

Part 7 Courts and Commissions

28 Introduction Lord Drummond Young 273

29 The Etiquette of Law Reform James Lee 274

30 Law Reform in Private Law: The Role of Statutes in Supplementing or Supplanting the Common Law Barbara McDonald 297

31 The Refiner's Fire Charles Harpum 310

32 Reflections on the Courts and the Commission David Ormerod 326

Part 8 Commissioning the Future

33 Introduction Elizabeth Cooke 339

34 The Scottish Law Commission and the Future of Law Reform in Scotland Lord Peutland 340

35 Looking to the Future Sir David Lloyd Jones 355

36 Commissioning the Future-A Chief Executive's Perspective Elaine Lorimer 365

37 Implementation of Law Reform Reports: Developments in Scotland Malcolm McMillan 369

38 The Future is a Foreign Country, They Do Things Differently There Matthew Dyson 380

39 Making Law-Who, How and What? KJ Keith 400

Index 413

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