The Collapse of the English Legal System-Who Is to Blame? Part 1

This article points out the dismal state of English law. In particular, this Part 1 indicates that there are now some 30,000-35,000 statutory instruments (SI’s) when, if consolidated, the figure could (easily) be reduced to c. 1000 SI’s or less. And, there are some 2666 general Acts (from 1267-2020) when only c. 80 are needed. The cost to the tax payer and to industry as a result is truly awesome. A terrible waste of money. Red tape at its very worst.


INTRODUCTION
English law is a wonderful thing and used in many countries around the world. However, the English legal system is collapsing. For some simple reasons. The court system is Victorian in many ways, full of anomalies. Also, with a structure that is sub-optimal and out of date. Thus, it is wholly unable to cope with the huge backlog of criminal and civil cases presently existing. As for the remainder, it may be summarized in just one line: Too much legislation, too many obsolete courts, too much obsolete law.
The author pointed this out to Lord Judge when he was Lord Chief Justice and the latter did what he could. 1 However, as per usual, nothing was done by government. For its part, Parliament cannot be blamed. The House of Commons made it clear as long ago as 2004 that the law on the constitution -especially Crown prerogativesshould be modernized. 2 Yet, nothing has been done done. The cost to the taxpayer as a result of this is gigantic. Further, such is of no benefit whatsoever to lawyers (both barristers and solicitors), to judges and to industry, which is struggling with ever increasing over-regulation as civil servants add to the mountain (possibly, because they have nothing else to do). And, of course, when a person complains, everyone runs for cover.
So who is to blame? This is difficult where almost no one in government wants to take any responsibility since the idea of 'accountability' is dead. '    Financial Services and Markets should be consolidated into 1 Act.

List of Acts
In conclusion, these Acts should be consolidated into:  1 Treasury Act  8-9 Tax Acts  1 Banking Act  1 Building and Friendly Societies Act  1 Savings Banks and Credit Unions Act  1 Financial Services Act

List A -Treasury & Finance Acts
There is much Bank of England (BoE) and Treasury legislation -some 81 Acts. This material is not contentious and has little (or no) caselaw. Therefore, the task would not be a complex one. It could easily be undertaken 'in house'. Consolidating this legislation would modernise the law and make it more accessible while removing obsolete material. The result would be an Act of c 300 sections or less.

D . A u s t r a l i a S e c t i o n s
Australia Act 1986 ss 1-17

E . H o n g K o n g S e c t i o n s
Hong Kong Act 1985 ss 1-2 Hong Kong Economic and Trade Office Act 1996 ss 1-2

F . C y p r u s S e c t i o n s
Cyprus Act 1960 ss 1-4, 6-7

G . A n t a r c t i c S e c t i o n s
Antarctic Act 1994 ss 1-32, 34-6 Antarctic Act 2013 16 Antarctic Treaty Act 1967 4 (spent?)

H . C o m m o n w e a l t h S e c t i o n s
Commmonwealth Secretariat Act 1966 ss 1-2 Commonwealth Act 2002 ss 1-4

I . U n i t e d N a t i o n s S e c t i o n s
United Nations Act 1946 ss 1 UN Personnel Act 1997 ss 1-9

MINISTRY OF DEFENCE
All legislation relating to the armed forces should be consolidated into a an Armed Forces Act (with much being placed in a SI).
In conclusion, c. 136 Acts relating to the armed forces should be consolidated into one:

HOME OFFICE
All legislation relating to asylum, immigration and nationality should be consolidated into a Nationality and Immigration Act.
In conclusion, c. 189 Acts could be consolidated into a: Home Office Act (for any residual matters) The Succession and Trusts Act will cover all matters relating to wills, intestacy, inheritance, succession and trusts. The MoJ may be better taking responsibility for this. The Home Office Act would cover matters such as: Burial and Cremation (although most of this should be in a SI)   The Commerce Act should contain the following parts: Fairs and Markets 41 The material in italics could be put in a schedule or a SI (much of it is out of date). So too, some material on Partnership and Competition. It may be noted that a good part of the early legislation on Health applies to the NHS and to (community) care. Therefore, it should be in the latter in the case of any consolidation.

List of Acts
Probably, a Care Act could cover material otherwise in a Disability and Vulnerable Persons Act, obviating the need for the latter.

(a) Health
Health Act 1999 ( The key thing is the distinguish provisions dealing with Education and those dealing with Higher Education. Legislative provision for Oxbridge may not be required today (and, if so, it could be contained in a schedule).
Further, it may be noted that Education Acts are not very well drafted. Also, there is much which should be in SI's, rather than in Acts. It should be noted that much material should be in SI's. For example, most of that on animals, parks, allotments etc. This material is not of sufficient importance that it needs to be in an Act.

DEPT OF TRANSPORT
All legislation relating this ministry (c. 173 Acts) should be placed into the following, an: The above legislation has been discussed in various articles by GS McBain, Modernising English Criminal Legislation 1267-1970(2017 Public Administration Research, vol 6, no 1, pp 53-87 (free online)

CHURCH OF ENGLAND
All legislation relating to the Church of England (c. 70 Acts) -save, possibly, for the Act of Supremacy 1558does not need to be in legislation. It should be consolidated into 1 or more Measures (also, much is obsolete).
In conclusion, all CoE legislation should be repealed and any material still needed placed in 1 or more Measures. This is a task for the CoE legal office.

. Also, Statute Law Revision (Isle of Man) Act 1991 & Statute Law Revision (NI) Act 1973
This legislation appears to be spent. A few Acts are not allocated since it is uncertain to which ministry they should belong. However, ministries will, easily, be able to determine the same (also, many of these Acts amend other Acts and, thus, they will disappear on consolidation).

CONCLUSION
The huge number of general Acts (c. 2666) creates a vast cost to the government and to the taxpayer. It, also, requires an army of civil servants and lawyers to check and implement them. However, it is wholly unnecessary. It is perfectly possible for the Cabinet Office (CO) and the relevant ministry to consolidate them and to reduce the number to c. 80 Acts. Further, consolidation can easily be done in-house. The savings in consolidating Acts from 1267 -2020 would be huge. And, most Acts would be (considerably) less than 800 sections. As to this, the following is suggested: Cabinet Office. It should be responsible for consolidating legislation into a: Crown Act Parliament Act Government Act Elections Act Equality Act The first 2 (and 3) of these could, then, easily be consolidated into a Constitution Act.
Welsh Office. It should be responsible for consolidating legislation into a: