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.

The Office

Formerly, when the office was held by ecclesiastics, a "Keeper of the Great Seal" acted in the Lord Chancellor's absence. Keepers were also appointed when the office of Lord Chancellor fell vacant, and discharged the duties of the office until an appropriate replacement could be found. When Elizabeth I became Queen, Parliament passed an Act providing that a Lord Keeper of the Great Seal would be entitled to "like place, pre-eminence, jurisdiction, execution of laws, and all other customs, commodities, and advantages" as a Lord Chancellor. The only difference between the two offices is the mode of appointment—a Lord Chancellor is appointed by formal letters patent, but a Lord Keeper is appointed by the delivery of the Great Seal into his custody.

Related Topics:
Elizabeth I - Act - Letters patent

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Formerly, it was customary to appoint commoners to the office of Lord Keeper, and peers to the office of Lord Chancellor. A Lord Keeper who acquired a peerage dignity would subsequently be appointed Lord Chancellor. The last Lord Keeper was Robert Henley, who was created a Baron in 1760 and was appointed Lord Chancellor in 1761. Since then, commoners as well as peers have been appointed to the post of Lord Chancellor; however, a commoner would normally be created a peer shortly after his appointment.

Related Topics:
Robert Henley - 1760 - 1761

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It is also possible to put the office of Lord Chancellor into commission (that is to say, to entrust the office to a group of individuals rather than a single person). The individuals who exercise the office become known as "Lords Commissioners of the Great Seal". Lords Commissioners of the Great Seal have not been appointed since 1836.

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Formerly, there were separate Chancellors of Scotland and Ireland. When England and Scotland united to form Great Britain under the Act of Union 1707, a single Lord Chancellor was appointed for the entire realm. Similar provision was not made when Great Britain and Ireland merged into the United Kingdom under the Act of Union 1800. Thus, the separate office of Lord Chancellor of Ireland continued to exist until the formation of the Irish Free State in 1922. The office of Lord Chancellor of Ireland was abolished, and its duties transferred to the Secretary of State for Northern Ireland. Thus, the Lord Chancellor remains "Lord High Chancellor of Great Britain", instead of "Lord High Chancellor of the United Kingdom".

Related Topics:
Scotland - Ireland - Great Britain - Act of Union 1707 - Act of Union 1800 - Lord Chancellor of Ireland - Irish Free State - 1922 - Secretary of State for Northern Ireland

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