Lord chancellor in the context of Judiciary of England and Wales


Lord chancellor in the context of Judiciary of England and Wales

⭐ 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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Lord chancellor in the context of Court of Chancery

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

Its initial role differed somewhat: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common-law courts (whose decisions it had the jurisdiction to overrule for much of its existence) and was far more flexible.

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Lord chancellor in the context of Lord chief justice

The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales.

Until 2005 the lord chief justice was the second-most senior judge of the English and Welsh courts, surpassed by the lord chancellor, who normally sat in the highest court. The Constitutional Reform Act 2005 changed the roles of judges, creating the position of President of the Supreme Court of the United Kingdom and altering the duties of the lord chief justice and the lord chancellor. The lord chief justice ordinarily serves as president of the Criminal Division of the Court of Appeal and head of criminal justice, meaning its technical processes within the legal domain, but under the 2005 Act can appoint another judge to these positions. The lord chancellor became a purely executive office, with no judicial role.

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Lord chancellor in the context of Lord Privy Seal

The Lord Privy Seal (or, more formally, the Lord Keeper of the Privy Seal) is the fifth of the Great Officers of State in the United Kingdom, ranking beneath the Lord President of the Council and above the Lord Great Chamberlain. Originally, its holder was responsible for the monarch's personal (privy) seal (as opposed to the Great Seal of the Realm, which is in the care of the lord chancellor) until the use of such a seal became obsolete. Though one of the oldest offices in European governments, it has no particular function today because the use of a privy seal has been obsolete for centuries; it may be regarded as a traditional sinecure, but today, the holder of the office is invariably given a seat in the Cabinet of the United Kingdom, and is sometimes referred to as a minister without portfolio.

Since the premiership of Clement Attlee, the position of Lord Privy Seal has frequently been combined with that of leader of the House of Lords or leader of the House of Commons. The office of Lord Privy Seal, unlike those of leader of the Lords or Commons, is eligible for a ministerial salary under the Ministerial and Other Salaries Act 1975. The office does not confer membership of the House of Lords, leading to Ernest Bevin's remark on holding this office that he was "neither a Lord, nor a Privy, nor a Seal".

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