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Lords of Appeal in Ordinary
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Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, colloquially known as Law Lords, were judges appointed to the House of Lords of the United Kingdom to carry out the House's judicial functions under the Appellate Jurisdiction Act 1876, which included serving as the final court of appeal for most domestic matters.
On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed owing to the creation of the Supreme Court of the United Kingdom. The House of Lords thus lost its judicial functions and the power to create law life peers lapsed, although the validity of extant life peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically became Justices of the Supreme Court of the United Kingdom. At the same time, those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the Supreme Court.
The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to the King (or Queen) in Parliament, but the House of Commons did not participate in judicial matters. The House of Lords did not necessarily include judges, but it was formerly attended by several judges who gave their opinions when the Lords desired. They did not, however, have the power to vote in the House.
In January 1856, to permit legally qualified members to exercise the House's appellate functions without allowing their heirs to swell the size of the House, Sir James Parke, a judge, was created a life peer as Baron Wensleydale. As the House of Lords eventually decided that a peerage "for the term of his natural life" did not allow him to sit and vote, Parke also received a hereditary peerage on 23 July 1856.
In 1873 William Ewart Gladstone's government passed the Judicature Act 1873, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February 1874, before the Act came into force, Gladstone's Liberal Government fell. The Conservative Benjamin Disraeli became prime minister. In 1874 and 1875 Acts were passed delaying the coming into force of the Judicature Act 1873. The Appellate Jurisdiction Act 1876 repealed the provisions rescinding the jurisdiction of the House of Lords. Additionally, the Act provided for the appointment of two persons to be Lords of Appeal in Ordinary, who were to sit in the House of Lords under the dignity of baron. Originally, though they held the rank of baron for life, they served in Parliament only while holding judicial office. In 1889, however, an Act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.
The last person to be made a law lord under the Appellate Jurisdiction Act 1876 was Sir Brian Kerr on 29 June 2009. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to the Constitutional Reform Act 2005 owing to the creation of the Supreme Court of the United Kingdom. As a result, the power to create life peers under the Appellate Jurisdiction Act 1876 lapsed, although the validity of peerages created thereunder remains intact.
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practising barrister for a period of fifteen years or to have held a high judicial office—as Lord Chancellor (before 2005) or judge of the Court of Appeal, High Court or Court of Session—for a period of two years. Lords of Appeal in Ordinary were required to retire from judicial office at 70 or 75 years of age, though as barons they continued to serve as members of the House of Lords in its legislative capacity for life.
While letters patent issued by the Monarch under the terms of the Life Peerages Act 1958 just name the recipient of the life peerage, letters patent issued under the terms of the Appellate Jurisdiction Act 1876 also name the retired Lord of Appeal in Ordinary in whose stead the recipient is appointed. In the final form used in 2009, these read:
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Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, colloquially known as Law Lords, were judges appointed to the House of Lords of the United Kingdom to carry out the House's judicial functions under the Appellate Jurisdiction Act 1876, which included serving as the final court of appeal for most domestic matters.
On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed owing to the creation of the Supreme Court of the United Kingdom. The House of Lords thus lost its judicial functions and the power to create law life peers lapsed, although the validity of extant life peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically became Justices of the Supreme Court of the United Kingdom. At the same time, those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the Supreme Court.
The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to the King (or Queen) in Parliament, but the House of Commons did not participate in judicial matters. The House of Lords did not necessarily include judges, but it was formerly attended by several judges who gave their opinions when the Lords desired. They did not, however, have the power to vote in the House.
In January 1856, to permit legally qualified members to exercise the House's appellate functions without allowing their heirs to swell the size of the House, Sir James Parke, a judge, was created a life peer as Baron Wensleydale. As the House of Lords eventually decided that a peerage "for the term of his natural life" did not allow him to sit and vote, Parke also received a hereditary peerage on 23 July 1856.
In 1873 William Ewart Gladstone's government passed the Judicature Act 1873, which reorganised the court system and abolished the appellate jurisdiction of the House of Lords in respect of English appeals. In February 1874, before the Act came into force, Gladstone's Liberal Government fell. The Conservative Benjamin Disraeli became prime minister. In 1874 and 1875 Acts were passed delaying the coming into force of the Judicature Act 1873. The Appellate Jurisdiction Act 1876 repealed the provisions rescinding the jurisdiction of the House of Lords. Additionally, the Act provided for the appointment of two persons to be Lords of Appeal in Ordinary, who were to sit in the House of Lords under the dignity of baron. Originally, though they held the rank of baron for life, they served in Parliament only while holding judicial office. In 1889, however, an Act was passed allowing Lords of Appeal to continue to sit and vote in Parliament even after retirement from office.
The last person to be made a law lord under the Appellate Jurisdiction Act 1876 was Sir Brian Kerr on 29 June 2009. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed by Schedule 18 to the Constitutional Reform Act 2005 owing to the creation of the Supreme Court of the United Kingdom. As a result, the power to create life peers under the Appellate Jurisdiction Act 1876 lapsed, although the validity of peerages created thereunder remains intact.
To be appointed a Lord of Appeal in Ordinary under the 1876 Act, a person was required to have been a practising barrister for a period of fifteen years or to have held a high judicial office—as Lord Chancellor (before 2005) or judge of the Court of Appeal, High Court or Court of Session—for a period of two years. Lords of Appeal in Ordinary were required to retire from judicial office at 70 or 75 years of age, though as barons they continued to serve as members of the House of Lords in its legislative capacity for life.
While letters patent issued by the Monarch under the terms of the Life Peerages Act 1958 just name the recipient of the life peerage, letters patent issued under the terms of the Appellate Jurisdiction Act 1876 also name the retired Lord of Appeal in Ordinary in whose stead the recipient is appointed. In the final form used in 2009, these read: