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http://en.wikipedia.org/wiki/Legal_reform
Law reform
From Wikipedia, the free encyclopedia
(Redirected from Legal reform) Law reform or legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency. Intimately related are law reform bodies or law commissions, which are organizations set up to facilitate law reform. Law reform bodies carry out research and recommend ways to simplify and modernize the law. Many law reform bodies are statutory corporations set up by governments, although they are usually independent from government control, providing intellectual independence to accurately reflect and report on how the law should progress. Law reform activities can include preparation and presentation of cases in court in order to change the common law; lobbying of government officials in order to change legislation; and research or writing that helps to establish an empirical basis for other law reform activities. The four main methods in reforming law are repeal (get rid of a law), creation of new law, consolidation (change existing law) and codification.
Contents
1 Definition 2 Correlation with judicial reform 3 Relation with economics 4 Russian example 5 See also 6 Notes 7 References 8 External links
Definition
The expression "law reform" is used in a number of senses and some of these are close to being wholly incompatible with each other.[1] In the Law Reform Commission Act 1975, the expression "reform" includes, in relation to the law or a branch of the law, its development, its codification (including in particular its simplification and modernisation) and the revision and consolidation of statute law, and kindred words must be construed accordingly.[2]
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legal education, legal awareness by the population, and also the corporate consciousness of the whole legal community. Judicial reform usually aims to improve such things as law courts, procuracies, advocacy (bar), inquest, executory processes, and record keeping." .[3]
Russian example
In modern Russia, aspects and directions of development of judicial reform were formulated in the Judicial Reform Concept, enacted by the Russian Parliament on October 24, 1991. This document still remains legally valid and applicable. Valery Zorkin stressed that "the separation of powers principle, also proclaimed in the Constitution of the Russian Federation, requires observance of judicial independence. And such independence requires proper funding of the courts and their activities. It is well known that Russian courts remain under-funded. However, the cumulative economic costs suffered by both state and private enterprises as the result of under-performance by various judicial institutions, especially by the courts of general jurisdiction and the arbitration courts, is at least twice the order of magnitude as the financial burden carried by the state and society in financing such judicial institutions. The elimination of under-funding of the courts would definitely improve the efficiency of their work and be worthwhile. Taking into account the specifics of historical developments in Russia, one may assert that without undertaking a large-scale legal reform it would be extremely difficult to succeed concurrently with judicial reform. It is necessary now to start unfolding a full-scale legal reform, which has to be completed by the year 2020. The official public presentation and implementation of such legal reform should become the prime responsibility of executive and legislative authorities. The program of legal reform needs to be adopted in the form of a legislative act.[6]
See also
Constitutionalism Constitutional economics Democratization
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Deregulation Drug policy reform Judiciary Independence of the judiciary Liberalization Land reform Rule of law Rule according to higher law Separation of powers
Notes
1. ^ Hurlburt, William H. Law Reform Commissions in the United Kingdom, Australia and Canada. Juriliber. 1986. Page 3. 2. ^ The Law Reform Commission Act 1975, section 1 (http://www.irishstatutebook.ie/1975/en/act/pub /0003/sec0001.html) 3. ^ "The World Rule of Law Movement and Russian Legal Reform (http://philosophicalclub.ru/content /docs/worldruleoflaw.pdf)", edited by Francis Neate and Holly Nielsen, Justitsinform, Moscow (2007) 4. ^ Posner R. The Constitution as an Economic Document. The George Washington Law Review. November 1987. Vol. 56. No. 1 5. ^ Peter Barenboim, Defining the rules, The European Lawyer, Issue 90, October 2009 6. ^ "The World Rule of Law Movement and Russian Legal Reform (http://philosophicalclub.ru/content /docs/worldruleoflaw.pdf)", edited by Francis Neate and Holly Nielsen, Justitsinform, Moscow (2007)
References
"Economics and the Rule of Law" (http://www.economist.com/displaystory.cfm?story_id=10849115) The Economist (2008-03-13).
External links
Retrieved from "http://en.wikipedia.org/w/index.php?title=Law_reform&oldid=586922926" Categories: Legal reform Philosophy of law This page was last modified on 27 December 2013 at 07:49. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
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