Rebuilding Britain eBook

This eBook from the Gutenberg Project consists of approximately 198 pages of information about Rebuilding Britain.

Rebuilding Britain eBook

This eBook from the Gutenberg Project consists of approximately 198 pages of information about Rebuilding Britain.

There are a large number of reforms in the law which ought to be taken in hand at once.  The nature of the amendments needed is clear; all that is required is that they should be brought in proper form before Parliament, and that the Government should use its influence to get them passed.  It would be difficult for the Lord Chancellor to see to this work efficiently and regularly along with his other duties, and it is certainly impossible for the Law Officers, whose duty it is to represent the Crown in the Courts and to advise the Government on questions of law, to undertake this duty.  It could be done if a capable solicitor or barrister who had experience of cases relating to property, not just a successful advocate but a lawyer well acquainted with the practical difficulties which make amendment in the law desirable, were put in charge of the work.

It is a complete mistake to imagine that devolution to other bodies of the legislative powers of Parliament would do what is required in this respect.  Such a delegation as regards many subjects would make confusion worse confounded.  Questions relating to marriage and personal status, naturalisation, the law of companies, all branches of commercial law, the law of contracts, and the law relating to devolution of property, should be dealt with by one body, whose aim should be to assimilate the law on these subjects over as wide an area as possible.  Endless trouble, litigation and uncertainty arise from an unnecessary variety of laws on such subjects as these.  It would be well, indeed, with regard to such subjects, to endeavour to assimilate the law of the Colonies and of the Mother Country, and to enter into negotiations with other countries to facilitate their commercial intercourse by enacting similar laws on subjects of this kind as far as may be.

It is impossible, without taking up too much space and entering too much into technical detail, to do more than indicate in general terms some of the reforms in the law which demand early attention.  The following may be given as examples: 

(1) The complete revision of the Statute Law, consolidating the law on each subject as far as possible, and in some cases amending it at the same time.  The present state of English Statute Law is a disgrace to any civilised nation.  There are subjects on which it is almost impossible to say what the law is, owing, amongst other causes, to the pernicious habit of legislation by reference from one statute to another.  Judges, the legal advisers to parties in litigation, clerks to local authorities, and others, ought to have in compendious form before them the whole Statute Law on a subject under discussion.  Much good and very laborious work has been done under the direction of the Committee on Statute Law, but their duties should be extended and fuller facilities afforded for more complete and more rapid revision.  These powers should include that of presenting at the same time to Parliament minor incidental amendments

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Rebuilding Britain from Project Gutenberg. Public domain.