Summary
Background. The number and types of Law Reform Agencies. Their Growth. Law reform agencies. What they are. What they do. The advantages of independent law reform agencies. Independence. Aspects of Independence. Safeguarding Independence. Volunteer Input. Expertise. Focus. Continuity. Role and effectiveness of law reform agencies in the commonwealth. Standards and Values. Successes. Problems. The impact and implementation of law reform agencies' recommendations. (a) Legislation. (b) Alternatives to Legislative Implementation. Co-operative Working among LRA's. (i) Law Reform Methods. (ii) Providing Information about Each Other's Projects. (iii) Co-operative Work on Particular Reviews. (iv) Mutual Support and Smaller or Newer Law Reform Agencies. (vi) Regionally. (vii) Across the Commonwealth. Conclusion and recommendations. References. Other Sources.
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Law Reform Agencies: Their Role and Effectiveness
Executive summary 1. Increasingly, law reform is vital to any legal system and to any nation. Law reform is also a key leader and participant in ensuring the practical application of the Commonwealth's agreed fundamental values. Independent law reform has particularly significant benefits. Independent Law Reform Agencies (LRAs) have been established in many jurisdictions, mostly in the Commonwealth and often with success. 2. Key features of LRAs are their independence, their expertise, their focus on law reform, and their continuity. Other important characteristics are their commitment to full consultation and public participation and their ability to handle new and complex problems, together with their thoroughness, use of outside volunteer experts, openness and accountability. Rightly, they vary greatly according to local circumstances. Especially in smaller jurisdictions, they do not need to be large to be worthwhile. 3. While independent law reform often works well, there is still considerable need for improvement. * LRAs need to be established in more Commonwealth countries. * LRAs need high quality personnel, organisational structures, methodology and resources. * LRAs need projects of real importance, in appropriate numbers and with practicable timetables. * There needs to be even more co-operative working across the Commonwealth, with special regard to LRAs in smaller jurisdictions. * Governments need to give full and prompt consideration to LRA recommendations - and to avoid unnecessary delay in any implementation. 4. This paper invites Law Ministers to consider a set of recommendations to help meet these needs. Law reform agencies: their role and effectiveness Background The number and types of Law Reform Agencies 1. A major innovation in the legal world over the last 40 years has been the establishment and development of Law Reform Agencies (LRAs). They have a variety of names such as Law Reform Commission, Law Reform Committee, Law Commission and Law Reform Institute. They have brought whole new features to the legal landscape. They can provide principled and imaginative new law, and can be catalysts of change, responsive to the world around and to the public they serve. Even o...
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