House of Lords

:This article is about the British House of Lords. For the historical Irish body, see Irish House of Lords.

Judicial functions

The judicial functions of the House of Lords originate from the ancient role of the Curia Regis as a body that addressed the petitions of the King's subjects.

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The judicial functions of the House of Lords are exercised not by the whole House, but by a group of "Law Lords". The bulk of the House's judicial business is conducted by the twelve Lords of Appeal in Ordinary, who are specifically appointed for this purpose under the Appellate Jurisdiction Act. The judicial functions may also be exercised by Lords of Appeal (other members of the House who happen to have held high judicial office). No Lord of Appeal in Ordinary or Lord of Appeal may sit judicially beyond the age of seventy-five. The judicial business of the Lords is supervised by the Senior Lord of Appeal in Ordinary and his or her deputy, the Second Senior Lord of Appeal in Ordinary.

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The jurisdiction of the House of Lords extends, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland. From Scotland, appeals are possible only in civil cases; Scotland's High Court of Justiciary is the highest court in criminal matters. The House of Lords is not the United Kingdom's only court of last resort; in some cases, the Privy Council performs such a function. The jurisdiction of the Privy Council in the United Kingdom, however, is more narrow than that of the House of Lords; it encompasses appeals from ecclesiastical courts, issues related to devolution, disputes under the House of Commons Disqualification Act 1975, and a few other minor matters.

Related Topics:
High Court of Justiciary - Devolution - House of Commons Disqualification Act 1975

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Not all Law Lords sit to hear cases; rather, since World War Two cases have been heard by panels known as Appellate Committees, each of which normally consists of five members (selected by the Senior Lord). An Appellate Committee hearing an important case may consist of even more members. Though Appellate Committees meet in separate committee rooms, judgement is given in the Lords Chamber itself. No further appeal lies from the House of Lords.

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A distinct judicial function—one in which the whole House, rather than just the Law Lords, may participate—is that of trying impeachments. Impeachments are brought by the House of Commons, and are tried in the House of Lords; a conviction requires only a majority of the Lords voting. Impeachments, however, are essentially obsolete; the last impeachment was that of Henry Dundas, 1st Viscount Melville in 1806.

Related Topics:
Impeachment - Henry Dundas, 1st Viscount Melville - 1806

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Similarly, the House of Lords was once the court that tried peers charged with high treason or felony. The House would be presided over not by the Lord Chancellor, but by the Lord High Steward, an official especially appointed for the occasion of the trial. If Parliament was not in session, then peers could be tried in a separate court, known as the Lord High Steward's Court. Only peers, their wives, and their unremarried widows were entitled to trials in the House of Lords or the Lord High Steward's Court; the Lords Spiritual were tried in Ecclesiastical Courts. In 1948, the right of peers and peeresses to be tried in such special courts was abolished; now, they may be tried in the same courts as others.

Related Topics:
Lord High Steward - 1948

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The Constitutional Reform Act 2005 will lead to the creation of a separate Supreme Court of the United Kingdom, to which the judicial function of the House of Lords, and some of the judicial functions of the Judicial Committee of the Privy Council, would be transferred. In addition, the office of Lord Chancellor will be reformed, to remove his ability to act as both a government minister and a judge. This is motivated in part by concerns that the historical admixture of legislative, judicial, and executive power, may not be in conformance with the requirements of the European Convention on Human Rights (a judicial officer having legislative or executive power not being likely to be considered sufficiently impartial to provide a fair trial), and in any case are considered undesirable according to modern constitutional theory concerning the separation of powers. The new Supreme Court will be located in Middlesex Guildhall.

Related Topics:
Constitutional Reform Act 2005 - Supreme Court of the United Kingdom - Judicial Committee of the Privy Council - European Convention on Human Rights - Middlesex Guildhall

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