What Does the Law Commission Do?
What does the Law Commission do? Learn how it reviews the law of England and Wales, consults on reforms and recommends changes without making law itself.
The Law Commission is an independent body that reviews the law of England and Wales and recommends changes to make it fairer, clearer and more effective. It does not make law itself: the government and Parliament decide whether its recommendations become law.
How does it work?
The Commission identifies areas where the law may be outdated, confusing or inconsistent. It researches the problem and usually publishes a consultation paper, inviting views from people and organisations affected by the law. It then considers those responses before publishing a report with its recommendations. A report may include a draft Bill, which sets out proposed legislation.
Its work can involve codification, bringing rules on a subject together into a clearer legal framework; consolidation, combining existing Acts without substantially changing the law; or recommending the repeal of obsolete legislation. It also proposes wider reforms where existing rules need to change.
Why does this matter for law making?
The Commission offers expert, researched proposals, but a recommendation is only a proposal. The government may decide whether to take it forward, and a draft Bill does not become an Act simply because the Commission has written it. Parliament must pass legislation for proposed changes that require an Act.
For example, if an area of criminal law has developed through several unclear rules, the Commission might consult on the difficulties and recommend a clearer approach. That recommendation could influence a future Bill, but it would not change the law immediately.
Exam mistake to avoid: do not describe the Law Commission as a law-making body like Parliament. Its role is to review and recommend reform; it cannot enact its recommendations.
