Law Reform

Author(s):  
Eva Steiner

This chapter assesses the process of law reform in France. Although a full-time Commission has been set up in France to deal with the codification of the law, no similar permanent institution exists for keeping the law under review and for making recommendations for its systematic reform. There is thus no French equivalent for the Law Commission such as in other countries. Therefore law reform initiative has been left entirely to government departments and Members of Parliament and this is confirmed by the 1958 Constitution. Consequently, in practice, the majority of bills have their origin in government departments, and in particular the Ministry of Justice, whose function it is to deal with the organisation of the civil and criminal justice system. The role of supreme courts in reforming the law is also highlighted in the chapter.

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Angela Melville

AbstractLaw Reform Commissions are permanent bodies which operate in common law countries, and are charged with the task of recommending law reform. The Commissions conduct research into the need for law reform, and it appears this research is guided by a common set of broad principles. A comparison of the ways in which the New Zealand Law Commission and the recently defunct Law Commission of Canada put these principles into practice reveals that different Commissions use different approaches when putting these principles into practice.These different approaches reflect the ways in which the role of law within society and the role of the Law Commissions in shaping the law are conceived. For some Commissions, legal reform is a technical process driven by a desire for increased efficiency and effectiveness. For other Commissions, legal reform is seen as directing, rather than merely reflecting, social and legal norms, and is self-consciously aimed towards achieving the goals of social justice.


Legal Studies ◽  
1985 ◽  
Vol 5 (2) ◽  
pp. 119-132
Author(s):  
Peter North
Keyword(s):  

It is always a good idea to start with a text. Where better for a lawyer to find his than in a speech by Lord Wilberforce. During the debate on the Bill which became the Law Commissions Act 1965, the Act which established the two Law Commissions in London and Edinburgh as full time law reform agencies, Lord Wilberforce said: ‘law reform is much too serious a matter to be entrusted to lawyers’. What I should like to try to do in this paper is to give some consideration to the role of lawyer and layman (especially legislators) in the process of reforming our law. By ‘reform’ I mean improvement of the law. Mere change should not be confused with useful reform.


Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 321-328 ◽  
Author(s):  
Roger Toulson

In this paper, which is the text of a lecture given at the official launch of the Law School at the University of Bradford on 11 May 2006, the history of law reform in England is traced, the role of the Law Commission is analysed and future prospects are considered.


2021 ◽  
Vol 21 (3) ◽  
pp. 369
Author(s):  
Muhammad Arif Agus ◽  
Ari Susanto

The purpose of this research is to examine and analyze (1) the role of Correctional Centers in the Criminal Justice System in Indonesia; and (2) the Optimization of the Role of Correctional Centers in the Criminal Justice System in Indonesia. The research method used is a normative juridical approach. The results of the research concluded; (1) Correctional Centers in the juvenile criminal justice system and in the adult criminal justice system both have a role, but the role of Correctional Centers in the adult criminal justice system has not been optimized as in the juvenile criminal justice system, and it tends to be discriminatory. (2) The optimization of the role of Correctional Centers in the Criminal Justice System in Indonesia needs to be carried out, because by optimizing the role of Correctional Centers, especially Correctional Research on adult cases, it will eliminate discrimination in treatment between children and adults and Correctional Research can be used as a reference for law enforcers. As a recommendation, it is suggested that in the Criminal Law Reform in Indonesia, both related to the renewal of the Criminal Procedure Law Code (KUHAP); the Criminal Code (KUHP); as well as the Corrections Law, the discrimination in making Correctional Research on juvenile cases and adult cases should be abolished, because it has no value of justice. The equalization of treatment related to Correctional Research will optimize the role of Correctional Research and also other law enforcers in achieving the value of justice in Indonesia.


Author(s):  
Chenda Keo ◽  
Thierry Bouhours ◽  
Roderic Broadhurst ◽  
Brigitte Bouhours

This article examines the backgrounds of traffickers in Cambodia: why they became involved in trafficking, how they operate, their earnings, and the criminal justice system’s response to their activities. Our research draws from interviews with justice officials, NGOs, and detained alleged traffickers; and from a review of police and prison records. The results challenge alarmist claims about the high prevalence, profitability, or role of organized crime in human trafficking. In Cambodia, 80 percent of incarcerated traffickers are poor uneducated women who lack legitimate opportunities and whose unsophisticated illicit activities earn very little. We argue that the Cambodian government, in return for foreign aid, adopted a repressive law that defines human trafficking ineptly; in the hands of a dysfunctional justice system, the law has turned into an instrument of corruption and injustice against powerless individuals.


2018 ◽  
Vol 17 (2) ◽  
pp. 81-93 ◽  
Author(s):  
Una Mairead Barr

Purpose The purpose of this paper is to examine the role of assisted desistance from the perspective of women involved in the criminal justice system. It focusses on two community projects set up in the aftermath of the 2007 Corston Report, Northshire Women’s Centres (WCs) and the Housing for Northshire project. Design/methodology/approach Through analysis of a year of observation in these settings and 23 narrative interviews with staff and service users, the paper notes the differences between risk-focussed and desistance-focussed justice for women. Findings Neither projects are a panacea; however, they offer an insight into desistance-focussed practice. The findings would suggest that the projects provide social justice as opposed to criminal justice, particularly because of their flexible approach and awareness of the relational elements involved in female desistance. Originality/value The in-depth, qualitative data provided challenges the “payment by results” rhetoric which demands positivist research that promotes an understanding of desistance as a binary outcome. Implications for policy are considered.


1994 ◽  
Vol 53 (3) ◽  
pp. 502-523 ◽  
Author(s):  
John Gardner

The Offences Against the Person Act 1861 is much disparaged by today's criminal lawyers. Its provisions have been described as “impenetrable” by the Court of Appeal. The House of Lords could not conceal its dissatisfaction with what is called “the irrational result of this piecemeal legislation”. Andrew Ashworth has written of the “antiquated and illogical structure” of an Act which the Law Commission regards as “unsatisfactory in very many respects”. Most recently Brooke J., launching the latest version of the Commission's reform package, lambasted the operation of the 1861 Act as “a disgrace”, and claimed that this hostile view is shared in every corner of the criminal justice system.


2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Sofyan Wimbo Agung Pradnyawan ◽  
Hartiwiningsih , ◽  
Hari Purwadi

<p>Abstract<br />This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.</p><p>Keyword: jury, society, the criminal justice system</p><p>Abstrak<br />Artikel ini bermaksud menganalisis mengenai penggunaan sistem peradilan jurypada sistem peradilan pidana Indonesia, jury adalah wujud dari lay participation atau partisipasi awam yaitu masyarakat dari professional  non hukum  didalam  peradilan, untuk  memberikan putusan  yang lebih  memenuhi  rasa keadilan didalam masyarakat, untuk menghindari peran hakim yang absolut dalam proses peradilan pidana, dalam sistem hukum negara-negara modern saat ini dikotomi antara sistem hukum tradisi common law atau civil law semakin memudar dan menuju kecenderungan untuk mencampurkan kedua sistem hukum tersebut demi menemukan keadilan substantif dalam proses peradilan. Indonesia tidak pernah melakukan perubahan secara konseptual pada sistem peradilan pidananya, sehingga proses peradilan yang menjemukan yang didominasi peran hakim yang besar dimana hukum dan keadilan seolah-olah aspek hukumnya dalam mengadili, Penelitian hukum ini menggunakan pendekatan perundang-undangan, konseptual, dan perbandingan hukum. Hasil penelitian ini adalah bahwa moralitas adalah esensi dari rasa keadilan didalam masyarakat, moralitas tidak bisa dipisahkan dari hukum, sebab moralitas adalah adalah apa yang dianggap benar oleh masyarakat secara umum, sehingga masyarakat akan memandang hukum sebagai sesuatu yang tidak memiliki wibawa dan tidak dapat dipercaya, saat moralitas ditinggalkan didalam setiap putusan hakim didalam peradilan pidana. Memasukkanjury didalam sistem peradilan mampu meningkatkan tingkat kepercayaan masyarakat terhadap hukum dan institusi peradilan yang ada, sebab dengan dimasukkannya jury didalam sistem peradilan pidana untuk mengadili dalam aspek <br />the living law secara otomatis masuk didalam setiap putusan, sehingga dimungkinkan setiap putusan lebih dapat memenuhi rasa keadilan didalam masyarakat.</p><p>Kata kunci: jury, masyarakat, sistem peradilan pidana</p>


1988 ◽  
Vol 13 (4) ◽  
pp. 9-11
Author(s):  
J. Neville Turner

The Family Court was introduced in Australia in 1976, almost by legislative legerdemain. There had been little debate about it beforehand. There was no Royal Commission, no Law Reform Report. There was little public agitation or debate about its merits. It was suddenly upon us, as part and parcel of the reform of the divorce laws.How this differs from the position in other countries! In England, the Law Commission invited submissions on Family Courts as early as 1970. The Finer Committee in 1974 strongly recommended them! Numerous commentators since have advocated them in one form or another. The debate continues! But none has yet been set up! France and Germany have established tribunals loosely akin to our Family Court. But they are pallid imitations only. Other countries have tried some experiments. But I know of no country, save possibly Japan, that has established such a radical reform as Australia.


2017 ◽  
Vol 1 (1) ◽  
pp. 32
Author(s):  
Sofyan Wimbo Agung Pradnyawan

This article intends to analyze the use of the jury system in the criminal justice system of Indonesia, jury is a form of lay participation or the participation of lay that community of professional non-law in the judiciary, to make decisions which provide a more fulfilling sense of justice in society, in order to avoid the role of judges is absolute in the criminal justice process, in the legal system of modern states today dichotomy between legal systems tradition of common law or civil law is fading and towards the tendency to mix both the legal system in order to find substantive justice in the judicial process. Indonesia never make changes conceptually to the criminal justice system, so that the judicial process drab dominated the role of judges is great where law and justice seems to be the monopoly of a judge, the role of judges becomes absolute in determining aspects of the facts (fact finding) and the legal aspect in judge, legal research using law approach, conceptual, and comparative law. The results of this study is that morality is the essence of a sense of justice in society, morality can not be separated from the law, because morality is is what is considered correct by the general public, so the public will view the law as something that has no authority and can not be trusted, when morality is left in any decision of the judge in criminal justice. Entering jury in the justice system is able to raise the level of public confidence in the legal and judicial institutions that exist, because the inclusion of jury in the criminal justice system to prosecute in the aspect of fact (fact finding) addition will ease the task of the judge also made aspects of morality local is the living law in automatically entered in every decision, every decision so it is possible to better meet the sense of justice in society.


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