Rebuilding Britain: A Survey of Problems of Reconstruction After the World WarHopkinson, Alfred, Sir
History
Rebuilding Britain: A Survey of Problems of Reconstruction After the World War
Hopkinson, Alfred, Sir
Reconstruction (1914-1939) -- Great Britain
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 in the Statute Law which would remove doubts and
inconsistency, and get rid of obsolete provisions. Either a Minister of
Justice or one of the existing Ministers along with his other duties
should be definitely responsible for seeing that the work is done
without undue delay or expense. Probably a small Joint Committee of
Lords and Commons might consider any cases where amendments were made,
and, if they approved of the revised and consolidated Statutes, the
Committee stage in both Houses might be dispensed with, and a single
reading of the Bill of revision or even merely "to lay it on the table"
would be quite sufficient to preserve the general authority of
Parliament over legislation of this kind. A small executive department
should be established under the direction of the Minister for dealing
with all details and drafting the proposed Bills.
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