Is law reform too important to be left to lawyers?

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

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.

Law Reform

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Law Reform ◽  
Full Time ◽  
Supreme Courts ◽  
Members Of Parliament ◽  
The Law ◽  
Set Up ◽  
Law Commission

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.

Determining a Suicide under Australian Law

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Stephanie Jowett ◽  
Belinda Carpenter ◽  
Gordon Tait
Keyword(s):  
Case Law ◽  
Law Reform ◽  
Practical Matter ◽  
The Law ◽  
Recent Government

This article examines the role of coroners in making legal determinations of suicide in Australia. Research indicates that the requirement to make findings of intent and capacity in unexpected, violent deaths can be difficult for coroners and recent government inquiries have suggested that the law contributes to the problem. A review of laws and commentary that guide coroners in Australian states and territories reveals not only that coroners are the only persons tasked with making routine legal determinations of suicide, but that such legal guidance lacks clarity. This article concludes that law reform would aid coroners by clarifying definitional issues, removing inconsistency between state jurisdictions and increasing the transparency of case law. Along with requirements for a determination of intent, which is a practical matter previously raised by the Victorian Coronial Council, such changes would go some way to ensuring that Australian suicide statistics are more reliably created.

Conducting Law Reform Research: A Comparative Perspective

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Angela Melville
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Reform ◽  
Law Reform ◽  
Technical Process ◽  
Legal Norms ◽  
Efficiency And Effectiveness ◽  
The Law ◽  
Law Commission

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.

Law reform in the twenty-first century

Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 321-328 ◽  
Author(s):  
Roger Toulson
Keyword(s):  
Law School ◽  
First Century ◽  
Law Reform ◽  
Future Prospects ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
The University ◽  
Law Commission

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.

scholarly journals The Role of Indonesian Constitutional Court In Protecting Energy Security

2016 ◽  
Vol 13 (2) ◽  
pp. 241
Author(s):  
Muhammad Siddiq Armia
Keyword(s):  
Significant Role ◽  
Energy Security ◽  
Electrical Power ◽  
Public Debate ◽  
Law Reform ◽  
Constitutional Court ◽  
Mineral Mining ◽  
Basic Norm ◽  
The Law

After more a decade, Indonesian Constitutional Court (ICC) has importantly played a significant role in the law reform, such  as  protecting  energy  security  through  their judgements. ICC comes out of the box, creating unpredictable judgements, and ensuring the justice values. In protecting energy security ICC makes important breakthrough with reviewing Act Number 22 of 2001 on the Oil and Earth Gas, Act Number 4 of 2009     on the Mineral Mining and Coal, and invaliding Act Number 20 of 2002 on the Electrical Power. Those acts contradict the basic norm in the 1945 Constitution. Although creating public debate, ICC judgment should be   appreciated.

Psychiatry and the Dangerous Sexual Offender

1977 ◽  
Vol 22 (4) ◽  
pp. 155-159 ◽  
Author(s):  
Cyril Greenland
Keyword(s):  
Sexual Offenders ◽  
Expert Testimony ◽  
Sexual Offender ◽  
Law Reform ◽  
Canadian Law ◽  
The Law ◽  
Interim Measure ◽  
Psychiatric Profession ◽  
Do So

A study of Dangerous Sexual Offenders, undertaken for the Canadian Law Reform Commission, reveals that about one-third of DSOs seriously threatened or actually endangered the life of the victim. One-third were moderately assaultive. The remainder, mostly homosexual pedophiles, were offensive but not physically violent. The role of psychiatrists, employed by the Crown in the process of securing an indeterminate sentence, is described. Most of them did not declare their role as ‘double-agents’. Their expert testimony before the Courts also revealed a failure to discriminate between fact and opinion. Individual prejudice was, not infrequently, presented as the wisdom of the psychiatric profession. The life of DSOs, in Canadian penitentiaries, is likely to be exceedingly brutal. Four of them have been murdered while in custody. Others have killed themselves or made determined attempts to do so. Since it is obviously unethical for psychiatrists to participate in any procedure which is likely to result in harm or the death of an individual, the author urges the Canadian Psychiatric Association to support the Law Reform Commission's condemnation of the DSO legislation. As an interim measure psychiatrists should be urged not to collaborate in DSO cases.

The Role of Legislative Drafting in the Law Reform Process

2006 ◽  
Vol 32 (4) ◽  
pp. 601-608 ◽  
Author(s):  
Pius Perry Biribonwoha
Keyword(s):  
Law Reform ◽  
Reform Process ◽  
The Law

scholarly journals AN ETHICAL AND AN INTELLIGENT BUREAUCRATIC LAW REFORM

2020 ◽  
Vol 7 (3) ◽  
pp. 287
Author(s):  
Jawade Hafidz
Keyword(s):  
Legal System ◽  
Social Role ◽  
The State ◽  
Law Reform ◽  
Discretionary Power ◽  
Legal Ethics ◽  
Existing Problems ◽  
The Third ◽  
The Law

Bureaucracy and the law are two forces that must go hand in hand. Bureaucratic disregard the law when it goes limp bureaucratic system with no force because the bureaucratic system will not run when the law was abandoned. Bureaucracy in indonesia often look weak in a system. First rampant corruption in the bureaucracy is the main cause of dishonesty (actor) bureaucrats in understanding the nature of law. Breaking effects and misusing the mandate. Second, in our country as chaotic bureaucracy therein lies stagnation and the legal system in force when the bureaucracy that must be realized in accordance with the function and social role as a servant of the state. The third in the current law is enforced through a reformulation bureaucracy or bureaucratic reforms therein lies the role of bureaucracy is no longer comply with the law. Presence of bureaucracy in addition to be honest and transparent with the legal ethics bureaucracy is needed. Ethics is important in the bureaucracy. First, the existing problems in the bureaucracy becoming increasingly complex. Second, the success of development that has improved the dynamics and pace of change in the bureaucratic environment. Bureaucracy perform adjustment which requires discretionary power great.

Pengatuan Hukum Terhadap Narkotika Jenis-Jenis Baru yang Belum Terdaftar

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Rizky Maulana Hakim
Keyword(s):  
Hazardous Materials ◽  
Legal Certainty ◽  
Next Generation ◽  
The Law

We realize that in the community, it is still close to the night world which can plunge the nation's next generation, through drinking, gambling, and especially Narcotics. There are many rules related to this problem, it is still possible that the minimum knowledge of the community is what causes users to become victims of the rigors of using drugs.In discussing this paper, we will take and discuss the theme of "Legal Certainty and Role of Laws on Narcotics (Narcotics and Drugs / Hazardous Materials) by Users and Distributors." The purpose of accepting this paper is, first, to be agreed by the reader which can be understood about the dangers that need to be discussed regarding the subjectivity of the drug itself; secondly, asking the reader to get a clue about actually addressing the urgency about the distribution of drugs; round, which is about knowing what the rules of the law and also the awareness in the surrounding community.Keywords: Narcotics, Role of Laws, Problem, Minimum Knowledge, awareness

The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650

2020 ◽  
Vol 24 (2) ◽  
pp. 232-250
Author(s):  
Stephanie Dropuljic
Keyword(s):  
Early Modern ◽  
Legal History ◽  
Criminal Court ◽  
Current Understanding ◽  
The Law ◽  
Role Of Women

This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.

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