1
ADDRESS TO THE
ALREASA CONFERENCE
CAPE TOWN
15-17 MARCH 2005
by
HON JUSTICE J BRUCE ROBERTSON
PRESIDENT
NEW ZEALAND LAW COMMISSION
LAW REFORM
WHAT IS OUR KNITTING?
HOW DO WE STICK TO IT?
The Development of Law Commissions
In 1597, Sir Francis Bacon urged the appointment of six Commissioners to investigate
obsolete and contradictory laws in England and to report to Parliament regularly1. He
noted
heaping up of laws without digesting them maketh but a chaos and confusion and
turneth the laws many times to become but snares for the people.2
In the ensuing 400 years, this refrain has been returned to both in England and in the
colonies it spawned around the world and which eventually became independent and
self-governing countries.
Jeremy Bentham,
in the early 19th Century, demanded a permanent full-time body
charged with the duty of revising the whole body of the law in England and reducing it
1
Australian Law Reform Commission Annual Report 1975 (Australian Government Publishing
Services, Canberra, 1975) 5
2
Francis Bacon The Philosophical works of Francis Bacon, Baron of Verulam, viscount St. Albans ...
methodized, and made English, from the originals. With occasional notes, to explain what is obscure
... by Peter Shaw (Printed for J.J. and P. Knapton, London, 1733) Vol. 1 of 3, 346