Law Reforms in a Democratic Society

By : Lord Scarman

Page No: 149-176

Abstract
In this article,# explaining the necessity and importance of law reform, the author briefly explains the process of law reform in the United Kingdom till the enactment of British Law Commissions Act in June 1965, which provided for constituting Law Commission to ensure systematic development and reform of the law. The author analyses the working of the Law Commission (England and Wales) created under the Act. The author also differentiates among the working of the Law Commission, Parliament and the courts and explains how the ‘Review of the law’ with a view to its reform is the duty of the Law Commission; making new law is the duty of Parliament; interpreting the law is the duty of the courts. The author has assessed the performance of Law Commission on the basis of three-fold criteria of the ‘quality of the Law Commission’s achievement’, the ‘impact of its existence and achievement on the development of the law’ and the ‘future of law reform in the United Kingdom’.

Author :
Lord Scarman : The then Law Lord, House of Lords.