Changing law: mental capacity legislation
Changing law: mental capacity legislation

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Changing law: mental capacity legislation

2 The process of law reform

The Re F [1990] decision revealed that there were some problems with the law as it stood at the time. But how can such problems be addressed? It would have been possible to leave the law to develop slowly, through a series of individual court decisions. This would take many years, could be burdensome and expensive for the individuals involved, and might lead to complex or contradictory decisions.

An alternative approach would have been for the Government to introduce legislation to change the law. However, is it obvious what the legislation should say? Because of the complexity of the issues, the Government decided to refer the issue of ‘mentally incapacitated adults’ to the Law Commission for consideration.

Section 2.1 will consider what the Law Commission is, and how it operates.


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