Description of the legal term Lord Chancellor:
The title “Lord Chancellor” has been one of the most significant in the British legal and political landscape, carrying with it a rich history and evolving roles. Traditionally, the Lord Chancellor was one of the highest-ranking officials in the British government, serving as the head of the judiciary, a senior member of the Cabinet, the presiding officer of the House of Lords, and a key figure in the administration of justice and legal matters in England and Wales.
Initially, the position of Lord Chancellor was a multifaceted one, combining legislative, executive, and judicial responsibilities. As a member of the Cabinet, the Lord Chancellor played a significant role in shaping government policy, and as the presiding officer of the House of Lords, they played a pivotal part in the legislative process. Historic functions also included the guardianship of the Great Seal, which is a symbol of the Sovereign’s approval of important state documents.
The position’s judicial role was equally weighty. The Lord Chancellor was the highest judge of the land, with responsibilities for the effective functioning and administration of the courts. For centuries, the Lord Chancellor also sat as a judge in the House of Lords which was the highest court of appeal until the establishment of the Supreme Court in 2009.
However, the Constitutional Reform Act 2005 significantly altered the role of the Lord Chancellor, largely in response to concerns over the separation of powers, a principle advocating that the legislative, executive, and judicial responsibilities should be held by separate bodies to prevent an accumulation of power and ensure a system of checks and balances. The Act removed the Lord Chancellor’s judicial functions, transferring them to the newly created role of the Lord Chief Justice. Additionally, the traditional role as presiding officer of the House of Lords was handed over to the newly established position of the Lord Speaker, although the Lord Chancellor continues to play a part in the formal opening of Parliament.
Today, the role is primarily centered on its executive functions. The Lord Chancellor is responsible for the efficient functioning and independence of the courts, judicial appointments (in conjunction with the Judicial Appointments Commission), and oversees the legal system including parole and other justice-related matters. The Lord Chancellor also has a duty to uphold the rule of law, a fundamental principle of the UK’s unwritten constitution.
Legal context in which the term Lord Chancellor may be used:
One example of the role played by the Lord Chancellor involves their duty in upholding the rule of law. In 2017, the media launched strong attacks on judges who ruled that the UK government required the Parliament’s consent to trigger Brexit. This situation placed the then Lord Chancellor, Elizabeth Truss, under scrutiny as she was criticized for reacting too slowly in defending the judiciary against these attacks. The legal profession and the judiciary saw this as a failure on her part to fulfill the constitutional role of protecting the judiciary’s independence, a core element of the rule of law.
Another context where the position is crucial is in judicial appointments. The Lord Chancellor works with the Judicial Appointments Commission to ensure that appointments to the bench are made transparently and based on merit, maintaining the strength and independence of the judiciary. For instance, when a new Lord Chief Justice was to be appointed in 2013, it was the responsibility of the Lord Chancellor, working with others, to ensure that the process was fair and that the best candidate was selected to uphold the high standards of the judiciary.
The position of Lord Chancellor continues to carry immense significance in the British legal system. It has adapted over the centuries to reflect changing constitutional norms, particularly regarding the separation of powers, yet remains integral to the justice system’s operation and the safeguarding of judicial independence. It serves as a custodian of legal integrity within the overarching framework of the UK government and remains a cornerstone of British constitutional and public law.
