Knowledge (XXG)

Constitutional Reform Act 2005

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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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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
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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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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" 128: 121: 114: 100: 95: 85: 80: 70: 59: 524:"Constitutional Reform Act 2005: Section 17" 583:House of Commons Reports on Bills January 2005 261:Secretary of State for Constitutional Affairs 8: 228:out of the House of Lords to this new court. 35: 399:Constitutional reform in the United Kingdom 205:The bill was originally introduced in the 34: 620:Constitutional laws of the United Kingdom 27:Constitutional reform of the UK Judiciary 640:Judicial Committee of the Privy Council 425: 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 7: 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 25: 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 147:Parliament of the United Kingdom 53:Parliament of the United Kingdom 46: 364:prescribed the creation of the 165:, and removed the functions of 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 1: 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 666: 498:Government Digital Service 32:United Kingdom legislation 45: 40: 536:, 2005 c. 4 (s. 17) 287:appointment of judges. 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 349:Middlesex Guildhall 305:magistrates' courts 235:and changes to the 201:Legislative history 177:from the office of 37: 529:legislation.gov.uk 485:legislation.gov.uk 455:legislation.gov.uk 312:Lord Chief Justice 255:The newly created 233:Lord Chief Justice 436:is authorised by 297:England and Wales 224:" and moving the 220:Setting up of a " 135: 134: 96:Other legislation 41:Act of Parliament 16:(Redirected from 657: 570: 569: 567: 565: 551: 545: 544: 543: 541: 520: 514: 513: 511: 509: 500:. 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Retrieved 454: 445: 440:of this act. 428: 370: 358: 345: 341: 337: 325: 316: 309: 294: 285: 276:Royal Assent 273: 259:position of 254: 242: 204: 188: 138: 136: 87:Royal assent 29: 438:section 149 434:short title 361:Law Society 604:Categories 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 566:2020 542:2020 510:2019 496:and 462:2022 310:The 245:bill 243:The 137:The 143:Act 606:: 557:. 532:, 526:, 488:. 482:. 478:. 453:. 335:. 303:, 181:. 107:, 568:. 512:. 492:/ 464:. 239:. 217:. 20:)

Index

CRA 2005
Parliament of the United Kingdom
Long title
Citation
Royal assent
Habeas Corpus Act 1679
Cestui que Vie Act 1707
Text of statute as originally enacted
Revised text of statute as amended
Act
Parliament of the United Kingdom
UK constitutional law
Supreme Court of the United Kingdom
Law Lords
Judicial Committee of the Privy Council
Speaker
House of Lords
Judiciary of England and Wales
Lord Chancellor
separation of powers
European Convention on Human Rights
House of Lords
Lord Chancellor
Supreme Court of the United Kingdom
Law Lords
Lord Chief Justice
Judicial Committee of the Privy Council
bill
House of Commons
Cabinet

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