Published online by Cambridge University Press: 10 March 2009
Nick Brotchie, Librarian of the Scottish Law Commission, provides a history of law reform initiatives in Scotland, traces the evolution of the Scottish Law Commission and explains the process of law reform in Scotland.
1 1965 ch 22
2 The Law Commission [of England and Wales], created under the same Act, was arguably even more handicapped in this respect
3 G Sawer, ‘The legal theory of law reform’ (1970) 20 University of Toronto Law Review, 183 (emphasis in original)
4 Of persons to be chosen to examine the buikis of Law and reform them, [or, Statute Law Revision Act] 1425, ch 54 (Laws and Acts of Parliament, made by King James the First and his Successors. Edinburgh, 1597)
5 Ratified by the Scottish and English Parliaments in 1707
6 Gerald Gardiner and Andrew Martin (eds) ‘Law reform now’ (Victor Gollancz, 1963)
7 Cmnd 2573
8 Lord Hope of Craighead, ‘Do we still need a Scottish Law Commission?’ (2006) 10 Edinburgh Law Review, 10
9 (1968) Scots Law Times, News, 2
10 Professor D M Walker, ‘The Scottish Law Commission Under Review’ (1987) Statute Law Review,115
11 See the recent analysis presented by Sir Terence Etherton, Chairman of the Law Commission: ‘Law reform in England and Wales: a shattered dream or triumph of political vision?’ (2008) 10 European Journal of Law Reform,135
12 HC Hansard 25 March 2008 col 36 (http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080325/debtext/80325-0006.htm)
13 See: The governance of Britain: constitutional renewal (Cm 7342) http://www.justice.gov.uk/whatwedo/constitutional-renewal.htm
14 “The Government continues to work on the proposals in the draft bill with a view to introducing a bill when time allows” (http://www.number10.gov.uk/Page17681)
15 Thirty-fourth annual report (Scot Law Com No 179)
16 Adults with Incapacity (Scotland) Act 2000, asp 4
17 Abolition of Feudal Tenure etc (Scotland) Act 2000, asp 5
18 Scot Law Com Nos 151, 168
19 Scot Law Com No 198
20 By contrast the Chairman of the Law Commission of England & Wales is required by statute to be a judge of the High Court or of the Court of Appeal (see the Tribunals, Courts and Enforcement Act 2007, ch 15)
21 Albeit a “nondescript office” according to the Scotsman, 14 October 2008
22 Information matters: building government's capability in managing knowledge and information (Knowledge Council, 2008) http://gkimn.nationalarchives.gov.uk/news/story5.htm
23 The closing down of the Canadian Law Commission in 2006 provides a salutary example of impermanence
24 Professor Victor Tadros, review of ‘Criminal Defences’ by James Chalmers and Fiona Leverick, 2008 SCOLAG Legal Journal 230