To transform or to reform the law?


TO transform is to “alter or be altered radically in form, function, etc”.

Which is why the fictional Transformers are thus named – because of their unique ability to alter their forms and functions to turn into vehicles or beasts.

To reform is to “make changes in (something, especially an institution or practice) in order to improve it.” 

That’s what the law needs. The law needs to be reformed.

Law reform is a serious matter. In fact, it is too serious a matter to be left to the government alone.

Reform is a process and in law, it is the process of analysing current laws and advocating and carrying out changes in a legal system, usually with the aim of enhancing justice or efficiency.

A government department to study and review existing laws, including the obsolete ones, may– with the greatest of respect – lack the expertise to review the laws of the country with a view to a systematic development and reform, including the elimination of anomalies, the repeal of obsolete and unnecessary legislation, and generally the simplification and modernisation of the law. (see section to section 3 of the United Kingdom Law Commission Act 1965, which sets out the tasks of the UK Law Reform Commission)

The law needs to be reformed, not transformed. For that, it needs an independent law reform commission.

With law reform, you get transformed institutions and systems – like a transformed parliament elevated to its rightful position as the country’s highest legislative body through changes to Parliamentary Services Act 1963 and several amendments related to the Houses of Parliament (Privileges and Powers) Act 1952, among others.

So, do you transform or reform the law?

Need I to say more? – June 19, 2022.

* Hafiz Hassan reads The Malaysian insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.


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