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Changing the Law: A Practical Guide to Law Reform

ISBN13: 9781849291743
Published: October 2017
Publisher: Commonwealth Secretariat
Country of Publication: UK
Format: Paperback
Price: £55.00

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Law is always in need of reform. To enhance justice and legal efficiency, and contribute to socio-economic development, reform needs to be of a high standard. Across the Commonwealth, there is a need for information and guidance about the different ways in which law reform can be undertaken.

Changing the Law: A Practical Guide to Law Reform is designed to provide practical assistance to users seeking to deliver high standard law reform outcomes. Using examples and experience from around the Commonwealth and beyond, it guides users through each phase of a successful reform, from initiation to final implementation. It is the first general guide to conducting law reform in Commonwealth countries.

Law reformers in developing countries and small Commonwealth jurisdictions will find the suggestions and options those who have few resources particularly relevant.

Statutory Interpretation and Legislative Drafting
1. Introduction
1.1 The purpose of this guide
1.2 The approach of the guide
2. Law Reform and Law Reformers
2.1 What is law reform?
2.2 Who does law reform?
2.3 Legislation and law reform
2.4 Law reform agencies: key features and core values
2.5 The role of government
2.6 Funding of law reform agencies
2.7 The structure of law reform agencies Notes
3. The Initiation of Law Reform Projects
3.1 The scope of the law reform agency's mandate
3.2 Relations with other law reform agencies
3.3 Relations with bodies with different remits
3.4 The selection process: programmes, references and other functions
3.5 Selection criteria
3.6 Relations with government
3.7 The contemporary context Notes
4. The Planning and Management of Projects
4.1 The starting point: the project team
4.2 Elements of project management
4.3 Project planning mechanisms Notes
5. Pre-consultation: Research and Drafting
5.1 First stage documents
5.2 Legal research
5.3 Empirical research and the use of other disciplines
5.4 Resources for research: consultants and collaboration
5.5 Pre-consultation engagement with stakeholders
5.6 Legal policy: developing the proposals and options Notes
6. Consultation
6.1 Why consult?
6.2 Consultation processes
6.3 Audiences
6.4 Publication: getting the word out
6.5 Active consultation
6.6 Meetings, events and observational consultation
6.7 Record keeping
6.8 Difficult-to-reach consultees
6.9 Written responses Notes
7. Policy-making
7.1 Responses to consultation
7.2 Coming to conclusions: documents and approvals
7.3 Cost-benefit analysis
7.4 Other impact assessments
7.5 Bills Notes
8. Publication, Implementation and Following Up a Report
8.1 The challenge of implementation
8.2 Implementation other than by legislation
8.3 Publication
8.4 The government response
8.5 Assisting implementation
8.6 Special parliamentary procedures Notes
9. Law Reform: Standards, International Obligations and Sustainable Development
9.1 International obligations, standards, values and human rights
9.2 Law reform and sustainable development Notes
10. Law Reform in Small States
10.1 The challenges of law reform in small states and jurisdictions
10.2 The contribution of small state law reform agencies to the development of the law
10.3 The structure and resources of law reform agencies in small states
10.4 Functions and methodology
10.5 Co-operation and regional law reform initiatives
Appendix 1: Commonwealth Law Reform Agencies and Other General Law Reform Entities
Appendix 2: Associations of Law Reform Agencies