Lord Chancellor’s role before the Constitutional Reform Act 2005

Prior to the Constitutional Reform Act 2005, the Lord Chancellor had roles in all three branches of the state. This was an exception or controversial to the separation of powers. This doctrine states that the power of the state has to be divided between the three organs, namely the judiciary, legislature and executive. Each of the organs should operate independently and none will become all powerful.

Legislative Organ.

Legislative organ composed with House of Lords & House of Commons. The Lord Chancellor is a member of the legislature as a member of the House of Lords. In fact Lord Chancellor presides over the House of Lords as a Speaker and may vote with his party. So the Lord Chancellor was playing a leading role in legislation and presenting government business in the House.

Executive Organ.

The Lord Chancellor is a senior member of the executive as a Cabinet Minister. As a Minister he is responsible for the department of civil servants. He appoints judges and Magistrates, administers the courts and oversees law reform and statute updating. So the Lord Chancellor was playing an executive role.

Judicial Organ.

The House of Lords was the height court. The Lord Chancellor is the head of the judiciary and was entitled to sit in the House of Lords as a judge to hear the appeal cases. The Lord Chancellor is also responsible for the organization of the case load. So the Lord Chancellor was playing judicial role.

Before the effectiveness of Constitutional Reform Act 2005, there is no separation of power in England & Wales then Constitutional Reform Act was enacted and it become effective from 10 October 2009.

See Lord Chancellor’s role after the Constitutional Reform Act 2005

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