2
to an accessible code3. From that emerged the Reports of the Common Law
Commissioners, the Real Property
Commissioners and the Ecclesiastical Law
Commissioners4, but the underlying problems remained.
Various further claims were made for continuing reform agencies, but it was the
crusading zeal of Gerald Gardiner QC who, with A Martin in 1963, wrote the
challenging book Law Reform Now5 which really made a difference. The great
advantage for law reform was that Gerald Gardiner soon became the Rt Hon Lord
Gardiner, Lord High Chancellor of Great Britain6. The first Bill he introduced into the
House of Lords was for the Constitution of the permanent Law Commission for
England and a smaller Law Commission for Scotland7.
This was a case where the old countries were not the leaders of the pack. As can so
often be the case, the initiatives had previously occurred with the Indian Commission
(in 1955)8 and Hong Kong (in 1956)9. Within a very short time agencies arose in
various parts of Asia, Africa and the Caribbean. Their formats were not identical.
Some were truly independent bodies while others were more closely aligned to parts of
the Governmental machinery. All of them, however, were concerned with a thorough,
systematic reform of the law, responding to anomalies and seeking better legal
arrangements.
3
Sir Leslie Scarman Law Reform Lessons from English Experience (1967) 3 Manitoba Law
Journal, 48
4
Australian Law Reform Commission Annual Report 1975 (Australian Government Publishing
Services, Canberra, 1975) 5
5
Gerald Gardiner and Andrew Martin (eds) Law Reform Now (Victor Golancz, London, 1963)
6
Gerald Gardiner was Lord High Chancellor of Great Britain, 1964-70 (from International Whos
Who, 51st ed, 1987-1988, (Europa Publications limited, London, 1987) 501)
7
Proposals for English and Scottish Law Commissions (Cmnd 2753) 1965; Law Commissions Act
1965, c.22
8
The first Law Commission of Independent India was established in 1955 with the then Attorney-
General of India, Mr M. C. Setalvad, as its Chairman (Law Commission of India : The Fifteenth Law
Commission 1997-2000 (1999) 2)
9
Australian Law Reform Commission 20 Years of Law Reform : Volume 1 : The History (ALRC,
Sydney, 1996) 8