Lord Chancellor in the context of "Lords Commissioners"

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⭐ Core Definition: Lord Chancellor

The lord chancellor, formally titled Lord High Chancellor of Great Britain, is a senior minister of the Crown within the Government of the United Kingdom. The lord chancellor is the minister of justice for England and Wales and the highest-ranking Great Officer of State in Scotland and England, nominally outranking the prime minister. The lord chancellor is appointed and dismissed by the sovereign on the advice of the prime minister. Prior to the union of England and Scotland into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland. Likewise, the Lordship of Ireland and its successor states (the Kingdom of Ireland and United Kingdom of Great Britain and Ireland) maintained the office of lord chancellor of Ireland until the establishment of the Irish Free State in 1922, whereupon the office was abolished.

The lord chancellor is a member of the Cabinet and is, by law, the minister of the Crown responsible for the efficient functioning and independence of the courts. The lord chancellor thus leads the Ministry of Justice and is the judiciary's voice within Cabinet. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Previously, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justice. The Constitutional Reform Act 2005 transferred these roles to the lord speaker, the lord chief justice and the chancellor of the High Court respectively.

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In this Dossier

Lord Chancellor in the context of Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. The Appellate Jurisdiction Act 1876 devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges.

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Lord Chancellor in the context of Attorney General for England and Wales

His Majesty's Attorney General for England and Wales (Welsh: Twrnai Cyffredinol Lloegr a Chymru) is the chief legal adviser to the Sovereign and Government in affairs pertaining to England and Wales as well as the highest ranking amongst the Law officers of the Crown. The Attorney general is the leader of the Attorney General's Office and currently attends (but is not a member of) the Cabinet. Unlike in other countries employing the Common law legal system, the attorney general does not govern the Administration of justice; that function is carried out by the Secretary of State for Justice and Lord Chancellor. The incumbent is also concurrently the Advocate General for Northern Ireland.

The position of Attorney General dates back to at least 1243, when records indicate that a professional attorney was appointed to represent the King's interests in court. The position first took on a political role in 1461 when the holder of the office was summoned to the House of Lords to advise the Government there on legal matters. In 1673, the attorney general officially became the Crown's adviser and representative in legal matters, although still specialising in litigation rather than advice. The beginning of the 20th century saw a shift away from litigation and more towards legal advice. Today, prosecutions are carried out by the Crown Prosecution Service (CPS) and most legal advice to government departments is provided by the Government Legal Department, both under the supervision of the attorney general.

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Lord Chancellor in the context of Charles Pratt, 1st Earl Camden

Charles Pratt, 1st Earl Camden, PC (baptised 21 March 1714 – 18 April 1794) was an English lawyer, judge and Whig politician who was first to hold the title of Earl Camden. As a lawyer and judge he was a leading proponent of civil liberties, championing the rights of the jury, and limiting the powers of the State in leading cases such as Entick v Carrington.

He held the offices of Chief Justice of the Common Pleas, Attorney-General and Lord High Chancellor of Great Britain, and was a confidant of Pitt the Elder, supporting Pitt in the controversies over John Wilkes and American independence. However, he clung to office himself, even when Pitt was out of power, serving in the cabinet for fifteen years and under five different prime ministers.

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Lord Chancellor in the context of Thomas More

Sir Thomas More (7 February 1478 – 6 July 1535), venerated in the Catholic Church as Saint Thomas More, was an English lawyer, judge, social philosopher, author, statesman, theologian, and noted Renaissance humanist. He also served Henry VIII as Lord Chancellor from October 1529 to May 1532. He wrote Utopia, published in 1516, which describes the political system of an imaginary island state.

More opposed the Protestant Reformation, directing polemics against the theology of Martin Luther, Huldrych Zwingli and William Tyndale. More also opposed Henry VIII's separation from the Catholic Church, refusing to acknowledge Henry as supreme head of the Church of England and the annulment of his marriage to Catherine of Aragon. After refusing to take the Oath of Supremacy, he was convicted of treason on what he stated was false evidence, and was executed. At his execution, he was reported to have said: "I die the King's good servant, and God's first."

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Lord Chancellor in the context of Thomas Becket

Thomas Becket (/ˈbɛkɪt/), also known as Saint Thomas of Canterbury, Thomas of London and later Thomas à Becket (21 December 1119 or 1120 – 29 December 1170), was an English cleric and statesman who served as Lord Chancellor from 1155 to 1162, and then as Archbishop of Canterbury from 1162 until his death in 1170. He is known for his conflict with King Henry II over the rights and privileges of the Church and was murdered by followers of the king in Canterbury Cathedral. He was canonised by Pope Alexander III two years after his death. He is venerated as a saint and martyr by the Catholic Church and the Anglican Communion.

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Lord Chancellor in the context of Thomas Wolsey

Thomas Wolsey (/ˈwʊlzi/ WUUL-zee; c. March 1473 – 29 November 1530) was an English statesman and Catholic cardinal. When Henry VIII became King of England in 1509, Wolsey became the king's almoner. Wolsey's affairs prospered and by 1514 he had become the controlling figure in virtually all matters of state. He also held important ecclesiastical appointments. These included the Archbishop of York—the second most important role in the English church—and that of papal legate. His appointment as a cardinal by Pope Leo X in 1515 gave him precedence over all other English clergy.

The highest political position Wolsey attained was Lord Chancellor, the king's chief adviser (formally, as his successor and disciple Thomas Cromwell was not). In that position, he enjoyed great freedom and was often depicted as the alter rex ("other king"). After failing to negotiate an annulment of Henry's marriage to Catherine of Aragon, Wolsey fell out of favour and was stripped of his government titles. He retreated to York to fulfil his ecclesiastical duties as archbishop, a position he nominally held but had neglected during his years in government. He was recalled to London to answer to charges of treason—charges Henry commonly used against ministers who fell out of his favour—but died from natural causes on the way.

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Lord Chancellor in the context of English trust law

English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fund managers invest assets for people who wish to save for retirement). Although people are generally free to set the terms of trusts in any way they like, there is a growing body of legislation to protect beneficiaries or regulate the trust relationship, including the Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987, Financial Services and Markets Act 2000, Trustee Act 2000, Pensions Act 1995, Pensions Act 2004 and Charities Act 2011.

Trusts are usually created by a settlor, who gives assets to one or more trustees who undertake to use the assets for the benefit of beneficiaries. As in contract law no formality is required to make a trust, except where statute demands it (such as when there are transfers of land or shares, or by means of wills). To protect the settlor, English law demands a reasonable degree of certainty that a trust was intended. To be able to enforce the trust's terms, the courts also require reasonable certainty about which assets were entrusted, and which people were meant to be the trust's beneficiaries.

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Lord Chancellor in the context of Secretary of State for Justice

The secretary of state for justice is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the United Kingdom. Since the office's inception, the incumbent has concurrently been appointed Lord Chancellor.

The officeholder works alongside the other justice ministers. The corresponding shadow minister is the shadow secretary of state for justice, and the performance of the secretary of state is also scrutinised by the Justice Select Committee.

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Lord Chancellor in the context of Ministry of Justice (United Kingdom)

The Ministry of Justice (MoJ) is a ministerial department of the Government of the United Kingdom. It is headed by the Secretary of State for Justice, an office held concurrently by the Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.

The British Ministry of Justice may also oversee the administration of justice in Jersey, Guernsey, and the Isle of Man (which are Crown Dependencies), as well as Saint Helena, Ascension, Tristan da Cunha, and the Falkland Islands (which are British Overseas Territories). Gibraltar, another British overseas territory, has its own Ministry of Justice.

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