Constitutional Reform Act 2005: Supreme Court & Judicial Independence

The Constitutional Reform Act 2005 is an Act of the UK Parliament that reforms the office of Lord Chancellor, establishes a UK Supreme Court, and regulates the appointment of judges. The Act addresses concerns about the historical mixture of legislative, judicial, and executive powers, which may have conflicted with the European Convention on Human Rights. It aims to achieve a clearer separation of powers between the legislature and the judiciary, with the Supreme Court sitting in a separate building from the Houses of Parliament. The Act also establishes the Judicial Appointments Commission, responsible for appointing judges for English and Welsh courts, addressing previous criticisms of the system.

Explore related products

Constitutional Reform Act 2005 (UK)

$19.9 $19.9

Constitutional Reform and Governance Act 2010 (UK)

$19.9 $19.9

A Century of Constitutional Reform

$36.41 $41.5

Electronic Communications Privacy Act Reform

$30.95

Proposed Reclassification Act: With Introductory Statement

$39.95

East Indian (Constitutional reforms: draft rules under the government of India act.)

$11.45

The establishment of a Supreme Court

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom that establishes a Supreme Court of the United Kingdom. This Supreme Court takes over the previous appellate jurisdiction of the Law Lords, as well as some powers of the Judicial Committee of the Privy Council. The creation of the Supreme Court aimed to achieve a clearer separation of powers between the legislature and the judiciary.

The Supreme Court has twelve judges, composed of the then-current twelve Lords of Appeal in Ordinary. Justices of the Supreme Court are appointed by the Monarch on the recommendation of the Prime Minister. Justices are required to retire at age 70. The Supreme Court sits in a separate building from the Houses of Parliament, in Middlesex Guildhall in Parliament Square, formerly a Crown Court building.

The establishment of the Supreme Court had consequences for the House of Lords and the office of Lord Chancellor. The Appellate Committee of the House of Lords was abolished, and the Lord Chancellor's functions as Speaker of the House of Lords and Head of the Judiciary of England and Wales were removed. The Lord Chancellor's office was reformed to remove their ability to act as both a government minister and a judge, addressing concerns about the historical mixture of legislative, judicial, and executive power.

The Constitutional Reform Act 2005 also created the Judicial Appointments Commission, responsible for appointing judges for English and Welsh courts. This addressed criticisms of the old system, where the Monarch appointed judges on the advice of the Lord Chancellor, by establishing an independent body for judicial appointments.

Reform of the office of Lord Chancellor

The Constitutional Reform Act 2005 brought about several changes to the office of Lord Chancellor.

Firstly, the role was redefined. The Lord Chancellor's functions as Speaker of the House of Lords and Head of the Judiciary of England and Wales were removed. The role of presiding over the House's proceedings was transferred to a newly-created position: the Lord Speaker. The Lord Chancellor remained the custodian of the Great Seal, though a Lord Keeper of the Great Seal could be appointed instead.

Secondly, the Lord Chancellor's ability to act as both a government minister and a judge was removed. The historical mixture of legislative, judicial, and executive power was seen as potentially conflicting with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights, as a judicial officer with legislative or executive power may not be considered sufficiently impartial.

Thirdly, the Lord Chancellor's role in the appointment of senior counsel, known as "King's Counsel", was reformed. Previously, the Lord Chancellor personally determined which barristers would be raised to this rank. Now, the responsibility of evaluating applicants and recommending nominees rests with an independent panel, with the Lord Chancellor's role being to appoint the panel's members and ensure their recommendations comply with the principles of due process, fairness, and efficiency.

Finally, the Constitutional Reform Act 2005 also established a Supreme Court of the United Kingdom, which took over the previous appellate jurisdiction of the Law Lords and some powers of the Judicial Committee of the Privy Council. The first judges of the Supreme Court were the then-current twelve Lords of Appeal in Ordinary, who kept their judicial office in the new Supreme Court. The Supreme Court sits in a separate building from the Houses of Parliament.

Judicial appointments and discipline

The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom that is divided into three parts. The first part deals with the reform of the office of the Lord Chancellor, removing their ability to act as both a government minister and a judge, and redefining their role. The second part establishes a Supreme Court of the United Kingdom, which takes over the previous appellate jurisdiction of the Law Lords, removing the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor. The third part addresses the regulation of judicial appointments and establishes the Judicial Appointments Commission, responsible for appointing judges for English and Welsh courts.

The creation of the Judicial Appointments Commission fulfilled the long-held hopes of the Law Society, which had criticised the old system of the Monarch appointing judges on the advice of the Lord Chancellor. The Commission is governed by a set of procedures and structural guidelines outlined in the Act. To be eligible to sit on the Supreme Court, individuals must meet specific criteria, including holding high judicial office for at least two years, being a qualifying practitioner for a minimum of 15 years, and satisfying the judicial-appointment eligibility condition on a 15-year basis.

The Act also addresses judicial discipline in England and Wales, emphasising the importance of judicial independence. It recognises judicial independence as a key feature of England's constitutional arrangements and an essential characteristic of the rule of law. The Act aims to "redraw the relationship between the judiciary and the other branches of government", addressing concerns about the constitutionality of the Lord Chancellor's role in defending judicial independence.

The Constitutional Reform Act 2005 brought about significant changes to the appointment and discipline of judges in England and Wales, establishing a more independent and regulated system.

Explore related products

Reform Acts: Chartism, Social Agency, and the Victorian Novel, 1832-1867

$49.95 $55

The Bail Reform Act of 1984 / David N. Adair, Jr. 2006 [Leather Bound]

$9.99

The Second Reform Act (Lancaster Pamphlets)

$40.27 $52.99

Police Reform Act 2002 (uk)

$19.9 $19.9

Yes on Prop 50 Yard Sign, Election Rigging Response Act, California Political Reform Sign, Anti-Gerrymandering Yard Sign with Metal H-Stake, VP23939 (Multicolor, 24" x 18", Single Sided)

$19.99

The Bail Reform Act of 1984

$12.95 $7.95

Separation of powers

The Constitutional Reform Act 2005 (c. 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. The Act is divided into three parts: the first concerns the reform of the office of Lord Chancellor, the second creates and sets the framework for a Supreme Court, and the third regulates the appointment of judges.

The first part of the Act deals with the reform of the office of Lord Chancellor. The Act modifies the office, removing the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales. The Lord Chancellor's role was redefined so that the office-holder is no longer a judge nor exercises any judicial functions. This change was intended to address concerns about the historical mixture of legislative, judicial, and executive power, which ran contrary to the idea of separation of powers and might not conform with the requirements of Article 6 (paragraph 1) of the European Convention on Human Rights.

The second part of the Act establishes a Supreme Court of the United Kingdom, taking over the previous appellate jurisdiction of the Law Lords and some powers of the Judicial Committee of the Privy Council. The Supreme Court is intended to achieve a clearer separation of powers between the legislature and the judiciary. The Court sits in a separate building from the Houses of Parliament, ensuring a perceived separation. The Supreme Court is composed of 12 judges, with rules set out for the appointment of future members.

The third part of the Act addresses the appointment of judges, creating the Judicial Appointments Commission responsible for appointing judges for English and Welsh courts. This reform addressed criticisms of the old system, where the Monarch appointed judges on the advice of the Lord Chancellor, by establishing an independent body for judicial appointments.

Confidential information

The Constitutional Reform Act 2005 establishes provisions for the restriction of the disclosure of confidential information obtained under certain provisions of the Act.

Part 7 of the Act states that confidential information obtained under or for the purposes of a relevant provision must not be disclosed except with lawful authority. Information is considered confidential if it relates to an identified or identifiable individual.

• Disclosure is done with the consent of each person who is the subject of the information.
• Disclosure is necessary for the exercise of functions under a relevant provision.
• Disclosure is essential for the exercise of functions under Section 11(3A) of the Supreme Court Act 1981 or a decision on whether to exercise them.

The Act also makes provisions for modifying the office of the Lord Chancellor, creating a Supreme Court of the United Kingdom, and regulating the appointment of judges. The role of the Lord Chancellor was redefined to remove their ability to act as both a government minister and a judge, ensuring the separation of powers. The Supreme Court was established to take over the previous appellate jurisdiction of the Law Lords, and the Judicial Appointments Commission was created to appoint judges for English and Welsh courts.

Frequently asked questions