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IALS Law Reform Project workshop: Friday 28 October 2016

The 2nd IALS Law Reform Project workshop was held at the Institute of Advanced Legal Studies on 28 October 2016. The main theme was Codification: a civil law solution to a common law conundrum?

Codification has been discussed in the workshop from the following perspectives:

1. a civil law jurisdiction perspective (Belgium)
2. a civil law jurisdiction perspective (Italy)
3. a common law jurisdiction perspective (England and Wales)
4. a common law jurisdiction perspective (East Africa Community)

Download copy of the second workshop programme

Second workshop poster

Law Reform Project 2nd Workshop 2016 Law Reform Project 2nd Workshop 2016

 

 

 

 

2.00 pm  Opening welcome & introduction to second Project workshop – Jonathan Teasdale (IALS)    

2.10 pm  First presentation
Codification in a civil law jurisdiction: a Northern European perspective –Professor Patricia Popelier, University of Antwerp (Belgium)

2.40 pm  Questions & discussion

2.50 pm  Second presentation
Codification in a civil jurisdiction: a Southern European perspective – Dr Enrico Albanesi, University of Genoa (Italy)

3.20 pm  Questions & discussion

3.30 pm  Break for tea/coffee

3.45 pm  Third presentation
Codification of sentencing law in England & Wales: reforming the criminal law – Professor David Ormerod QC, UCL (UK) and Criminal Law Commissioner, Law Commission for England & Wales

4.15 pm  Questions & discussion

4.25 pm  Fourth presentation
Commercial laws in the East African community: reform and harmonisation – Professor Agasha Mugasha, University of Essex (UK) and former Chairman of the Uganda Law Reform Commission

4.55 pm  Questions & discussion

5.05 pm  Closing remarks (& departure at 5.15 pm)


Inaugural workshop: Tuesday 24 November 2015

The 1st workshop of the Law Reform Project was hosted by the Institute of Advanced Legal Studies on 24 November 2015. The main theme was Law Reform from different perspectives

Law Reform has been discussed in the workshop from the following perspectives:

1. a Commonwealth perspective
2. a legislative drafter’s perspective
3. a law commission perspective
4. a European Union perspective
5. a civil law perspective

Download copy of the inaugural workshop programme

Inaugural workshop poster

2.00pm  Welcome by chair, outline of sessions and brief project overview

Jonathan Teasdale, IALS associate research fellow and co-leader of the project

2.15pm  Law reform the world over

Michael Sayers, General Secretary of the Commonwealth Association of Law Reform Agencies (CALRAs)
Themes include:

  • What constitutes law reform, and who does it?
  • Why is law reform necessary, particularly in the common law arena?
  • What law reform techniques are employed in the UK and across Commonwealth jurisdictions?
  • Does the law reform process need to be independent, and how does it deliver credibility?
  • How do law reform proposals make the transition from drawing board to enactment?
  • 10 minutes for discussion and questions

2.45pm  The legislative drafter’s perspective

Ronan Cormacain, Consultant legislative drafter and formerly with the Northern Ireland Executive

Themes include:

  • Working with a law commission: how different from working with government administrators?
  • Receiving Bill instructions and testing proposals: the iterative process
  • Converting principles, policies and recommendations into draft legislation: the challenge
  • Does law reform demand different legislative drafting techniques?
  • Advising on legislative procedure and possible pitfalls (and reading the political mindset)
  • 10 minutes for discussion and questions

3.15pm  A Law Commission perspective

Elaine Lorimer, Chief Executive of the Law Commission for England and Wales

Themes include:

  • Independence: balancing political pragmatism with intellectual integrity
  • Sources of law reform work: the formal programme, ministerial referral, select committee recommendation
  • Relations with the judiciary
  • Overview and scrutiny of the Commission’s functions and output
  • The challenges of implementation of proposals for reform: from securing executive commitment to facilitating parliamentary passage
  • The standing of Commission recommendations with parliament and the courts
  • 10 minutes for discussion and questions

3.45 - 4.00pm  Short tea and comfort break

4.00pm  European law: the legislative quagmire

William Robinson, IALS associate research fellow and formerly with the European Commission Legal Service

Themes include:

  • An overview of the European law-making process, including the effect of decisions of the Court of Justice of the EU
  • The role of the European Commission in legislation-initiation and post-enactment implementation
  • The need for simplification and revision of EU legislation (the acquis)
  • How to make EU law more accessible
  • Whether some form of independent entity is needed to review the growing body of enacted and case law (by topic perhaps) and to make recommendations to the EU institutions for law revision, consolidation and repeal
  • 10 minutes for discussion and questions

4.30pm Law revision, legal restatement and legislative scrutiny: a civil law perspective

Dr Enrico Albanesi, lecturer in constitutional law at University of Genoa, IALS visiting fellow, and formerly legal adviser to the President of the Comitato per la legislazione of the Italian Camera dei deputati. Co-leader of the Sir William Dale Law Reform Project

Themes include:

  • An overview of the law-making process in Italy
  • The mechanisms for law revision: the experience of the so-called taglia-leggi
  • The mechanisms for legal restatement: the role of the Consiglio di Stato
  • Legislative scrutiny: the experience of the Comitato per la legislazione and of the Commissione per la semplificazione
  • 10 minutes for discussion and questions

5.00 - 5.15pm Closing summary and departure

Page last updated: 18th November 2016