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Life peer

In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the Dukedom of Edinburgh awarded for life to Prince Edward in 2023, all life peerages conferred since 2009 have been created under the Life Peerages Act 1958 with the rank of baron, and entitle their holders to sit and vote in the House of Lords so long as they meet qualifications such as age and citizenship. The legitimate children of a life peer appointed under the Life Peerages Act 1958 are entitled to style themselves with the prefix "The Honourable", although they cannot inherit the peerage. Prior to 2009, life peers of baronial rank could also be created under the Appellate Jurisdiction Act 1876 for senior judges, referred to as Law Lords, with functions then taken over by the new Supreme Court.

The Crown, as fount of honour, creates peerages of two types, being hereditary or for life. In the early days of the peerage, the sovereign had the right to summon individuals to one Parliament without being bound to summon them again. Over time,[when?] it was established that once summoned, a peer would have to be summoned for the remainder of their life, and later, that the peer's heirs and successors would also be summoned, thereby firmly entrenching the hereditary principle.

Nevertheless, life peerages lingered. From the reign of James I to that of George II (between 1603 and 1760), 18 life peerages were created for women. Women, however, were excluded from sitting in the House of Lords, so it was unclear whether or not a life peerage would entitle a man to do the same. For over four centuries—if one excludes those who sat in Cromwell's House of Lords (or Other House) during the Interregnum—no man had claimed a seat in the Lords by virtue of a life peerage. In 1856, it was thought necessary to add a peer learned in law to the House of Lords (which was the final court of appeal), without allowing the peer's heirs to sit in the House and swell its numbers. Sir James Parke, a Baron (judge) of the Exchequer, was created Baron Wensleydale for life, but the House of Lords concluded that the peerage did not entitle him to sit in the House of Lords. Lord Wensleydale was therefore appointed a hereditary peer (in any case, he had no sons, so his peerage did not pass to an heir) (See also Wensleydale Peerage Case (1856)).

The Government introduced a bill to authorise the creation of two life peerages carrying seats in the House of Lords for judges who had held office for at least five years. The House of Lords passed it, but the bill was lost in the House of Commons.

In 1869, a more comprehensive life peerages bill was brought forward by the Earl Russell. At any one time, 28 life peerages could be in existence; no more than four were to be created in any one year. Life peers were to be chosen from senior judges, civil servants, senior officers of the British Army or Royal Navy, members of the House of Commons who had served for at least ten years, scientists, writers, artists, peers of Scotland, and peers of Ireland. (Peers of Scotland and Ireland did not all have seats in the House of Lords, instead electing a number of representative peers.) The bill was rejected by the House of Lords at its third reading.

The Appellate Jurisdiction Act 1876 permitted the creation of life peerages with the rank of baron for senior judges in the House of Lords. Initially it was intended that the Lords of Appeal in Ordinary created in this way (for their titles, see the list of law life peerages) would only sit in the House of Lords while serving their term as judges, but in 1887 (on the retirement of Lord Blackburn, the first person appointed under the Appellate Jurisdiction Act 1876) the Appellate Jurisdiction Act 1887 provided that former judges would retain their seats for life. The practice of appointing life peers under the Appellate Jurisdiction Act 1876 ended with the creation of the Supreme Court of the United Kingdom in 2009. Sitting judges of the Supreme Court are not automatically given life peerages but are entitled to use the judicial courtesy title of "Lord" or "Lady" for life.

The Life Peerages Act sanctions the regular granting of life peerages, but the power to appoint Lords of Appeal in Ordinary under the Appellate Jurisdiction Act was not derogated. The Act placed no limits on the number of peerages that the sovereign may award, as was done by the Appellate Jurisdiction Act. A peer created under the Life Peerages Act has the right to sit in the House of Lords, provided that they are at least 21 years of age, are not suffering punishment upon conviction for treason, and are a citizen of the United Kingdom, or of a member of the Commonwealth of Nations, and are a resident in the UK for tax purposes.

Life baronies under the Life Peerages Act are created by the sovereign but, in practice, are only granted when proposed by the Prime Minister.

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