Lord Chancellor

The Lord High Chancellor of Great Britain, or Lord Chancellor and in former times Chancellor of England, is one of the most senior and important functionaries in the government of the United Kingdom. He is a Great Officer of State, and is appointed by the Sovereign on the advice of the Prime Minister and is, by convention, always a peer, although there is no legal impediment to the appointment of a commoner. The Lord Chancellor's responsibilities are wide-ranging: they include presiding over the House of Lords; participating in the Cabinet; acting as the custodian of the Great Seal; and heading the judiciary. Concerns over these wide-ranging powers have led to Tony Blair's administration proposing the abolition of the office. The Constitutional Reform Act 2005 will transfer many of the powers to others. Since 2003, Lord Falconer of Thoroton has served as Lord Chancellor and also Secretary of State for Constitutional Affairs.

Judicial functions

The Lord Chancellor performs several different judicial roles. He may participate in judicial sessions of the House of Lords, and is a member of the Judicial Committee of the Privy Council. (Former Lord Chancellors under the age of seventy-five years may do the same.) The Lord Chancellor is the President of the Supreme Court of England and Wales, and therefore supervises the Court of Appeal of England and Wales, the High Court of Justice of England and Wales and the Crown Court of England and Wales. He is also, ex officio, a judge in the Court of Appeal and the President of the Chancery Division. (Formerly, he was the chief judge of the High Court of Chancery, which was replaced by the Chancery Division in 1873.) The Lord Chancellor is not a member of the courts of either Scotland or Northern Ireland.

Related Topics:
Judicial sessions of the House of Lords - Judicial Committee of the Privy Council - Supreme Court of England and Wales - Crown Court of England and Wales - 1873

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Modern Lord Chancellors have in practice exercised their judicial functions very sparingly. The convention has developed that Lord Chancellors do not sit as judge in a case which involves the Government; in addition, many cases, will be outside the expertise or interest of the Lord Chancellor of the day. His functions in relation to the House of Lords and the Judicial Committee of the Privy Council are usually delegated to the Senior Lord of Appeal in Ordinary. The task of presiding over the Chancery Division is delegated to the Vice-Chancellor, a senior judge.

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The present Lord Chancellor, Lord Falconer of Thoroton, has announced that, pending the reform or abolition of the office, he will no longer sit as a judge. Nevertheless, he has taken the judicial oath, and it is often said that the most important job of the Lord Chancellor is to preserve the independence of the judiciary, and to argue for the judiciary in the Cabinet.

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