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Lords of Appeal in
Ordinary (s. 24). The following sections (ss. 26–31) set out the rules for the appointment of future members of the Court. Section 11 of the Supreme Court Act 1981, amended by The Judicial Pensions and Retirement Act 1993, requires Justices of the Supreme Court to retire at age 70. Justices are appointed by the Monarch on the recommendation of the Prime Minister. On a death, or deselection approved by both houses, its selection commission consisting of the President and Deputy President of the Supreme Court (schedule 8) proposes one name to the Lord Chancellor who may reject a name only once per vacancy (since amended to
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transferring these functions to other individuals would have required further legislation. However, although the post was retained, its role in relation to the judiciary is greatly reduced and the office holder is no longer automatically
Speaker of the House of Lords because of the Government's announced intention to appoint Lord Chancellors from the
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197:, because a judicial officer who has legislative or executive power is likely not to be considered sufficiently impartial to provide a fair trial. This act ensures that the powers of the Lord Chancellor and the Secretary of State for Justice have limitations on their abilities over the president of the court.
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The establishment of a
Supreme Court is the main subject of the act and it had consequences for the House of Lords and the office of Lord Chancellor. The sections contained in Part 3 prescribe that the Supreme Court be composed of 12 judges (s. 23) and that the first judges be the then-current twelve
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The law also set out an oath of office for the Lord
Chancellor to take. the Oath being: "I, (name), do swear that in the office of Lord High Chancellor of Great Britain I will respect the rule of law, defend the independence of the judiciary and discharge my duty to ensure the provision of resources
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Although the
Appellate Committee of the House of Lords is abolished, the 2005–06 serving Law Lords kept their judicial office in the new Supreme Court. Newly appointed members of the Court take no peerage, instead bearing the formal title Justice of the Supreme Court. Under the act such judges also
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The act contains provisions which reform two institutions and one former office of the United
Kingdom. The document 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
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The new
Supreme Court sits in a separate building from the Houses of Parliament where the mentioned predecessor judicial committee (of the House of Lords) formerly acted as the UK's final court of appeal. After a lengthy survey of suitable sites, including Somerset House, Parliament and the former
65:
An Act to make provision for modifying the office of Lord
Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the
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had criticized the old system (the
Monarch appointing judges on the advice of the Lord Chancellor), emphasizing its defects and recommending the establishment of an independent body responsible for appointing judges. The Constitutional Reform Act realized the hopes of the Law Society. Section 61
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caused much controversy and the Lords made amendments to it. The most significant of these was the decision not to abolish the position of Lord
Chancellor, as, unlike other Secretaries of State in the UK Government, a number of the Lord Chancellor's functions are explicitly defined in law, and
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The following sections deal with practical matters such as procedures, staff, and resources of the new Court and the fees of the judges. The Chief Executive of the Supreme Court must prepare an annual report on the work and it must be presented to both Houses of Parliament (s. 51).
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Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.
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307:, and coroners' courts. In carrying out this duty, the Lord Chancellor is required to address both houses of Parliament and deliver a report as to how he or she has managed the Judiciary system.
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replaces the Lord Chancellor as head of the English and Welsh judiciary and is also responsible for representing the views of the judiciary to the Lord Chancellor and Parliament as a whole.
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in Parliament Square, formerly a Crown Court building. Architect Lord Foster was chosen to design the necessary alterations. The building reopened as the Supreme Court on 1 October 2009.
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The office of Lord Chancellor was reformed to remove the ability of the holder to act as both a government minister and a judge, an arrangement that ran contrary to the idea of
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The official website of the Department of Constitutional Affairs, which includes a section on constitutional reform in the UK
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have a courtesy title of Lord or Lady, for the expressed purpose of ensuring there is no perceived hierarchy among the JSCs.
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Under the new legislation, the role of the Lord Chancellor was redefined. Rather than being the head of the Judiciary in
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in 2007—currently also holds the office of Lord Chancellor. The Lord Chancellor remains the custodian of the
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There are several criteria set out by the law in order for a person to become eligible to sit on the
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for the efficient and effective support of the courts for which I am responsible. So help me God."
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Abolition of the office of "Lord High Chancellor of Great Britain", generally known as the
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Other measures relating to the judiciary, including changes to the position of the
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satisfied the judicial-appointment eligibility condition on a 15-year basis, or
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Acts of the Parliament of the United Kingdom concerning the House of Lords
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The third part of the act is about the appointment of judges. In 1991 the
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The bill was approved by both Houses on 21 March 2005, and received
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The election and role of the new Lord Speaker of the House of Lords
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Lord Chancellor's Department agreed to the Court's installation in
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been a qualifying practitioner for a period of at least 15 years.
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been a qualifying practitioner for a period of at least 15 years,
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held high judicial office for a period of at least 2 years,
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Scroll halfway down the page for this bill's two reports.
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on 24 February 2004 and proposed the following changes:
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to take over the previous appellate jurisdiction of the
451:"Constitutional Reform Act 2005 - Explanatory Notes"
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524:"Constitutional Reform Act 2005: Section 17"
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228:out of the House of Lords to this new court.
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399:Constitutional reform in the United Kingdom
205:The bill was originally introduced in the
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620:Constitutional laws of the United Kingdom
27:Constitutional reform of the UK Judiciary
640:Judicial Committee of the Privy Council
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237:Judicial Committee of the Privy Council
163:Judicial Committee of the Privy Council
610:United Kingdom Acts of Parliament 2005
494:The National Archives (United Kingdom)
589:Department for Constitutional Affairs
123:Text of statute as originally enacted
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645:Supreme Court of the United Kingdom
490:Office of Public Sector Information
222:Supreme Court of the United Kingdom
195:European Convention on Human Rights
155:Supreme Court of the United Kingdom
130:Revised text of statute as amended
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432:The citation of this act by this
615:Government of the United Kingdom
555:"Constitutional Reform Act 2005"
480:"Constitutional Reform Act 2005"
476:Parliament of the United Kingdom
366:Judicial Appointments Commission
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53:Parliament of the United Kingdom
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364:prescribed the creation of the
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329:Secretary of State for Justice
282:Changes resulting from the act
265:Secretary of State for Justice
175:Judiciary of England and Wales
161:as well as some powers of the
139:Constitutional Reform Act 2005
36:Constitutional Reform Act 2005
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650:Reform in the United Kingdom
630:Courts of the United Kingdom
409:Reform of the House of Lords
635:Courts of England and Wales
291:Role of the Lord Chancellor
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32:United Kingdom legislation
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536:, 2005 c. 4 (s. 17)
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109:Cestui que Vie Act 1707
559:www.legislation.gov.uk
105:Habeas Corpus Act 1679
534:The National Archives
414:UK constitutional law
355:Appointment of judges
151:UK constitutional law
191:separation of powers
153:. It provides for a
404:Halsbury's Statutes
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305:magistrates' courts
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177:from the office of
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312:Lord Chief Justice
255:The newly created
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361:Law Society
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420:References
269:Great Seal
185:Background
61:Long title
564:2 January
540:2 January
226:Law Lords
159:Law Lords
76:2005 c. 4
393:See also
72:Citation
18:CRA 2005
257:Cabinet
169:of the
167:Speaker
145:of the
508:9 June
460:21 May
101:Amends
81:Dates
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510:2019
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