3
Since 1892 there has been a National Conference of Commissioners of Uniform State
Laws in the United States that meets annually10. It has had a substantial impact,
particularly in moving to consistency of approach between the various States with
codification and unification being touchstones of operation.
Judge Benjamin Cardozo, writing in 1921 in the Harvard Law Review, advocated an
agency to mediate between the Courts and Congress that he described as a Ministry of
Justice11. Following this initiative, various State entities were created although no
over-arching government sponsored federal body. However, that country has had the
very considerable advantage of the impressive work of the American Law Institute for
more than 80 years12. This is a private organisation made up of distinguished Judges,
lawyers and academics, which is dedicated to law reform and has had a critical
influence in many areas. Their charter is simplification, clarification and adaption of the
law to better meet social needs and improved judicial administration. It is probably best
recognised for its Restatements in many areas of the law13. It has an international
flavour through a hundred or so members from outside the USA, among whom both
Lord Steyn and I are honoured to be included.
The Canadian antecedents in law reform are similar to those of its southern neighbour.
The Canadian Conference on Uniform State Laws was established in 1918 and
continues to be an influential body14. During the 1950s and 60s there were a number
of provincial law reform bodies created and one at a natio nal level15. Perhaps indicative
of the problems that can arise with law reform and its interface with other bodies
interested in changes in the law, some of those bodies were subsequently abolished and
10
Australian Law Reform Commission Annual Report 1975 (Australian Government Publishing
Services, Canberra, 1975) 8
11
Cardozo, Justice Benhamin N. A Ministry of Justice (1921) 35 Harv.L.Rev.113
12
The American Law Institute was organised in 1923
13
The 2004 Checklist of American Law Institutes Restatements of the Law, is available at:
http://www.ali.org/ali/checklist_ali.htm (last accessed 1 February 2005)
14
William H. Hurlburt, Q.C. Law Reform Commissions in the United Kingdom, Australia and Canada
(Juriliber Limited, Edmonton, 1986) 173
15
The Law Reform Commission of Canada was established in 1970, for a history of the provincial and
federal law reform bodies go to: Gavin Murphy Law Reform Agencies (International Corporation
Group, 2003)