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Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c. 4) is an act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.
The office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of separation of powers. The reform was motivated by concerns that the historical mixture of legislative, judicial, and executive power might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer who has legislative or executive power is likely not to be considered sufficiently impartial to provide a fair trial. This act ensures that the powers of the Lord Chancellor and the Secretary of State for Justice have limitations on their abilities over the president of the court.
The bill was originally introduced in the House of Lords on 24 February 2004 and proposed the following changes:
The bill caused much controversy and the Lords made amendments to it. The most significant of these was the decision not to abolish the position of Lord Chancellor, as, unlike other Secretaries of State in the UK Government, a number of the Lord Chancellor's functions are explicitly defined in law, and transferring these functions to other individuals would have required further legislation. However, although the post was retained, its role in relation to the judiciary is greatly reduced and the office holder is no longer automatically Speaker of the House of Lords because of the Government's announced intention to appoint Lord Chancellors from the House of Commons. Other measures remained generally the same as stated above.
The newly created Cabinet position of Secretary of State for Constitutional Affairs (originally created to wholly replace the Lord Chancellor's executive function) continued, although the holder of that Cabinet post—renamed Secretary of State for Justice in 2007—currently also holds the office of Lord Chancellor. The Lord Chancellor remains the custodian of the Great Seal (the bill as originally written put this into commission).
The bill was approved by both Houses on 21 March 2005, and received Royal Assent on 24 March.
The act contains provisions which reform two institutions and one former office of the United Kingdom. The document is divided into three parts: the first concerns the reform of the office of Lord Chancellor, the second creates and sets the framework for a Supreme Court, and the third regulates the appointment of judges.
Under the new legislation, the role of the Lord Chancellor was redefined. Rather than being the head of the Judiciary in England and Wales, the role of the Lord Chancellor was changed to managing the judiciary system including the Supreme Court, county courts, magistrates' courts, and coroners' courts. In carrying out this duty, the Lord Chancellor is required to address both houses of Parliament and deliver a report as to how he or she has managed the Judiciary system.
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Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c. 4) is an act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.
The office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of separation of powers. The reform was motivated by concerns that the historical mixture of legislative, judicial, and executive power might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, because a judicial officer who has legislative or executive power is likely not to be considered sufficiently impartial to provide a fair trial. This act ensures that the powers of the Lord Chancellor and the Secretary of State for Justice have limitations on their abilities over the president of the court.
The bill was originally introduced in the House of Lords on 24 February 2004 and proposed the following changes:
The bill caused much controversy and the Lords made amendments to it. The most significant of these was the decision not to abolish the position of Lord Chancellor, as, unlike other Secretaries of State in the UK Government, a number of the Lord Chancellor's functions are explicitly defined in law, and transferring these functions to other individuals would have required further legislation. However, although the post was retained, its role in relation to the judiciary is greatly reduced and the office holder is no longer automatically Speaker of the House of Lords because of the Government's announced intention to appoint Lord Chancellors from the House of Commons. Other measures remained generally the same as stated above.
The newly created Cabinet position of Secretary of State for Constitutional Affairs (originally created to wholly replace the Lord Chancellor's executive function) continued, although the holder of that Cabinet post—renamed Secretary of State for Justice in 2007—currently also holds the office of Lord Chancellor. The Lord Chancellor remains the custodian of the Great Seal (the bill as originally written put this into commission).
The bill was approved by both Houses on 21 March 2005, and received Royal Assent on 24 March.
The act contains provisions which reform two institutions and one former office of the United Kingdom. The document is divided into three parts: the first concerns the reform of the office of Lord Chancellor, the second creates and sets the framework for a Supreme Court, and the third regulates the appointment of judges.
Under the new legislation, the role of the Lord Chancellor was redefined. Rather than being the head of the Judiciary in England and Wales, the role of the Lord Chancellor was changed to managing the judiciary system including the Supreme Court, county courts, magistrates' courts, and coroners' courts. In carrying out this duty, the Lord Chancellor is required to address both houses of Parliament and deliver a report as to how he or she has managed the Judiciary system.