Published: 2020-06-30

Law Commissions in the Commonwealth Countries: An Outline of Constitutional Issues

Marcin Gubała
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.1.09

Abstract

The article presents an outline of the principles for the operations of the law commissions in the Commonwealth countries. Law commissions are institutions which work for systematic law reform, encompassing a country’s entire legal system.

The article concentrates on systemic issues, such as the institution of commissions, the independence of the commissions, and the scope of the tasks assigned to them. The study shows how the commissions are regulated on the grounds of legislation, and discusses issues such as their independence, which is manifested in their separation from other authorities, in particular from the legislative and executive authorities. The article continues with a discussion of the appointment of their members, who are required to prove their intellectual and professional qualifications. The tasks of the commissions discussed in this article are their duties to conduct a systematic review of legislation, to propose changes in specific areas of the law, to repeal unnecessary and obsolete provisions, and to consolidate and codify the law of their country.

The article presents an outline of the principles for the operations of the law commissions in the Commonwealth countries. Law commissions are institutions which work for systematic law reform, encompassing a country’s entire legal system.

The article concentrates on systemic issues, such as the institution of commissions, the independence of the commissions, and the scope of the tasks assigned to them. The study shows how the commissions are regulated on the grounds of legislation, and discusses issues such as their independence, which is manifested in their separation from other authorities, in particular from the legislative and executive authorities. The article continues with a discussion of the appointment of their members, who are required to prove their intellectual and professional qualifications. The tasks of the commissions discussed in this article are their duties to conduct a systematic review of legislation, to propose changes in specific areas of the law, to repeal unnecessary and obsolete provisions, and to consolidate and codify the law of their country.

Keywords:

law commission; law reform; The Commonwealth.

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Citation rules

Gubała, M. (2020). Law Commissions in the Commonwealth Countries: An Outline of Constitutional Issues. Zeszyty Prawnicze, 20(1), 207–227. https://doi.org/10.21697/zp.2020.20.1.09

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