The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. Historically, the House of Lords also functioned as a court of first instance for the trials of peers and for impeachment cases. Today, the House's jurisdiction is essentially limited to the hearing of appeals from the lower courts. Appeals are technically not to the House of Lords, but rather to the Queen-in-Parliament. By constitutional convention only those lords who are legally qualified (Lords of Appeal in Ordinary, or Law Lords) hear the appeals, since World War II usually in a committee known as the House of Lords Appellate Committee^[1][2] (also called the House of Lords Judicial Committee^[3]) rather than in the chamber of the House. In accordance with the Constitutional Reform Act 2005, the judicial functions are set to be transferred to a new Supreme Court of the United Kingdom in 2009. A bar council in a Commonwealth country is a professional body that regulates the profession of barristers together with the Inns of Court. ... Barristers in England and Wales are one of the two categories of lawyer in England and Wales, the other being solicitors. ... The Law Society of England and Wales is the professional association that represents the solicitors profession in England and Wales. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ... This article is about the British House of Lords. ... The Queen-in-Parliament (or King-in-Parliament when there is a male monarch) is a British constitutional law term for the British Crown in its legislative role, acting with the advice and consent of the House of Commons and House of Lords. ... A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... The Constitutional Reform Act 2005 (2005 c. ... The future Supreme Court of the United Kingdom The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. ...

Jurisdiction

Appeals

Historical development

Parliament's role in deciding litigation originates from the similar role of the Royal Court, where the King dispensed justice. Parliament grew out of the Court and took on many of its roles. As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in Scotland, the High Court of Justiciary remains the highest court in criminal matters. Curia Regis is a Latin term meaning Royal Council or Kings court. The Curia Regis in England was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters. ... This article is about the country. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ...

Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed. The House of Commons ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort. The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621. In 1621, the House of Lords resumed its judicial role when King James I sent the petition of Edward Ewer, a persistent litigant, to be considered by the House of Lords. Petitions for the House of Lords to review the decisions of lower courts began to increase once again. After Ewer, 13 further cases would be heard in 1621. The House of Lords appointed a Committee for Petitions. At first, the Clerk of the Parliaments would bring petitions to the House, and the whole House could decide if they should or should not be referred to the Committee. As the number of petitions increased, the Committee gained the power to reject petitions itself. Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin... James VI and I (19 June 1566 – 27 March 1625) was King of Scots as James VI, and King of England and King of Ireland as James I. He ruled in Scotland as James VI from 24 July 1567, when he was only one year old, succeeding his mother Mary... The Clerk of the Parliaments is the chief clerk of the House of Lords in the parliament of the United Kingdom. ...

Petitions to the House of Lords did not have to seek reversal of lower court judgments; often, petitions were brought directly to the Lords without prior consideration in the inferior judiciary. The practice of bringing cases directly to the Lords, however, ended with the case of Thomas Skinner v. East India Company. Thomas Skinner had established a trading base in Asia while there were few restrictions on trade there; later, however, the base was seized by the British East India Company, which had been granted a monopoly. In 1667, the King, Charles II, referred the case to the Lords after failed attempts at arbitration. For other uses, see Asia (disambiguation). ... The British East India Company, sometimes referred to as John Company, was the first joint-stock company (the Dutch East India Company was the first to issue public stock). ... Charles II (29 May 1630 – 6 February 1685) was the King of England, Scotland, and Ireland. ...

Replying to Skinner's petition, the East India Company objected that the case was one of first instance, and that the Lords therefore should not have accepted it. Notwithstanding the Company's protests, the House of Lords proceeded with the matter. Though lawyers argued that the House could intervene only after the lower courts had failed to remedy the case, the Lords decided in Skinner's favour in 1668. The East India Company then petitioned the House of Commons, arguing that the acceptance of a case in the first instance by the Lords was "unusual" and "extraordinary."

A famous dispute then broke out between the two Houses; the Commons ordered the imprisonment of Thomas Skinner and the Lords retaliated by ordering the imprisonment of the Company Chairman. In 1670, Charles II requested both Houses to abandon the case. When they refused, he ordered that all references to the case be expunged from the Journals of both Houses and that neither body continue with the dispute. The House of Lords then ceased to hear petitions in the first instance, considering them only after the lower courts had failed to remedy them.

Even after Skinner's Case was resolved, the House of Lords and House of Commons clashed over jurisdiction in 1675. The House of Commons felt that the upper House had breached its privileges by considering cases in which members of the House of Commons were defendants. After the Lords considered Shirley v. Fagg (Sir John Fagg was a member of the Commons), the Commons warned the Lords to "have regard for their Privileges." Later, the dispute became worse when two more cases involving members of the House of Commons—Thomas Dalmahoy and Arthur Onslow (grandfather of Arthur Onslow the noted Speaker (1728-1761))—came before the House of Lords. One case was from the Court of Chancery, and the other from the equity branch of the Court of the Exchequer. The House of Commons challenged that the Lords could hear only petitions challenging the decisions of common law courts but not those challenging the decisions of courts of equity. Arthur Onslow (October 1, 1691 - February 17, 1768), English politician, elder son of Foot Onslow (d. ... In the United Kingdom, the Speaker of the House of Commons is the presiding officer of the House of Commons, and is seen historically as the First Commoner of the Land. ... One of the courts of equity in England and Wales. ... The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ...

The dispute remained unresolved when Parliament was prorogued in 1675. After the Parliament reassembled in 1677, the cases involving members of the House of Commons were quietly dropped and neither House revisited the dispute. A prorogation is the period between two sessions of a legislative body. ...

In 1707, England united with Scotland to form the Kingdom of Great Britain. The question then arose as to whether or not appeals could be taken from Scottish Courts. The Articles provided that "no causes in Scotland be cognoscible by the courts of Chancery, Queen's Bench, Common Pleas or any other court in Westminster Hall; and that the said courts or any other of the like nature after the union shall have no power to cognosce, review or alter the acts or sentences of judicatures in Scotland, or stop the execution of the same." The Articles, however, were silent on appeals to the House of Lords. In 1708, the first Scottish appeal to the Lords arrived, and it was accepted by the House. In 1709, the House ordered that no decree of the lower Scottish courts could be executed while an appeal was pending; that rule was reversed only by the Administration of Justice (Scotland) Act 1808, which provided that the lower Court could determine if the appeal justified the stay of the decree. In 1713, the House of Lords began to consider appeals from Scotland's highest criminal court, the High Court of Justiciary. In 1781, when deciding Bywater v. Lord Advocate, the House recognised that prior to the Union, the High Court of Justiciary had been the court of last resort in Scottish criminal cases. The House agreed not to consider further Scottish criminal appeals. The Courts of Scotland are the civil, criminal and heraldic courts responsible for the administration of justice in Scotland. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ...

Current appeals jurisdiction

The judicial business of the House of Lords is now regulated by the Appellate Jurisdiction Act 1876. Generally, only important or particularly complex appeals come before the House of Lords. There is no further appeal from the House of Lords--it thus serves as a court of last resort for the United Kingdom. The Faculty of Advocates is the collective term by which what in England are called barristers are known in Scotland. ... An advocate is one who speaks on behalf of another, especially in a legal context. ... The Law Society of Scotland is the professional governing body for Scottish solicitors, based in Edinburgh. ... A Solicitor Advocate is a solicitor who is qualified to represent clients as an advocate in the higher courts in England and Wales or Scotland. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... The supreme court in some countries, provinces, and states, is the highest court in that jurisdiction and functions as a court of last resort whose rulings cannot be appealed. ...

The Law Lords do not have the power to exercise judicial review over Acts of Parliament. However, in 1972 the UK signed up to be a member of the European Union, and with this accepted European law to be supreme in certain areas (see the ex parte Factortame case). That being said, the doctrine of Parliamentary sovereignty still applies - if the UK wants to have ultimate power over all its laws again, it would need to break from Europe. This is a legal possibility, but politically very unlikely. In common with other courts in the European Union, however, they may refer points involving European Union law to the European Court of Justice. The Lords may also declare a law inconsistent with the European Convention on Human Rights pursuant to section 4 of the Human Rights Act 1998. Whilst this power is shared with the Court of Appeal, the High Court, the High Court of Justiciary, the Court of Session, and the Courts-Martial Appeal Court, such declarations are considered so important that the question will almost inevitably be determined in the House of Lords on appeal. However, the challenged law in question is not automatically struck down; it remains up to Parliament to amend the law. Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ... The Factortame case was a landmark constitutional case in the United Kingdom, which confirmed the primacy of European Union law over English law. ... Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... Official emblem of the ECJ The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). ... “ECHR” redirects here. ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ... The Court of Session is the supreme civil court in Scotland. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ...

In civil cases, the House of Lords may hear appeals from the Court of Appeal of England and Wales, the Court of Appeal in Northern Ireland and the Scottish Court of Session. Alternatively, cases raising important legal points may leapfrog from the High Court of England and Wales or High Court in Northern Ireland. Leave (or permission) to appeal may be granted either by the court whose decision is appealed or the House of Lords itself. Her Majestys Court of Appeal is the second most senior court in the English legal system, with only the Judicial Committee of the House of Lords above it. ... The Court of Session is the supreme civil court in Scotland. ... Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature in England and Wales: see Courts of England and Wales. ...

In criminal cases, the House of Lords may hear appeals from the Court of Appeal of England and Wales, the High Court of England and Wales, the Court of Appeal in Northern Ireland and the Courts-Martial Appeal Court. In addition to requiring permission to appeal, an appellant must also obtain a certificate from the lower court stating that a point of general public importance is involved, is required for the appeal to proceed. The effect of this is that, in criminal matters, the House of Lords cannot control its own docket. Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of Judicature in England and Wales: see Courts of England and Wales. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ... The word docket can mean: Look up docket in Wiktionary, the free dictionary. ...

Appeals are not heard from the High Court of Justiciary. Seal of the High Court of Justiciary © Crown Copyright The High Court of Justiciary is Scotlands supreme criminal court. ...

Permission to appeal may be granted by an Appeal Committee. The Committee consists of three Lords of Appeal or Lords of Appeal in Ordinary. Appeal Committees may not meet while Parliament is prorogued or dissolved. Formerly, leave to appeal was unnecessary if two solicitors certified the reasonableness of the case. This procedure was abolished in English cases in 1934 and in Northern Irish cases in 1962. Scottish cases continue to come before the House of Lords in this manner (where two advocates certify the appeal as suitable), as 'leave to appeal' is not required in the Scottish legal system. An advocate is one who speaks on behalf of another, especially in a legal context. ... Scots law (or Scottish law) is the law of Scotland. ...

An Appellate Committee, normally consisting of five Lords of Appeal in Ordinary or Lords of Appeal, hears the actual appeals. The minimum number of Law Lords that may form a Committee is four. Seven Lords may sit in particularly important cases. On October 4, 2004 a Committee of nine Lords, including both Senior Law Lord Lord Bingham of Cornhill and Second Senior Lord Lord Nicholls of Birkenhead, was convened to hear challenges to the indefinite detention of suspects under the Anti-terrorism, Crime and Security Act 2001, and on December 16 it announced an 8-1 ruling against the Government.[1] Only five Appellate Committees have ever comprised nine members. Three of these have occurred since 2001. is the 277th day of the year (278th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Thomas Henry Bingham, Baron Bingham of Cornhill, PC (born October 13, 1933), is one of the most senior judges in the United Kingdom. ... Donald James Nicholls, Baron Nicholls of Birkenhead (born 25 January, 1933), is a British lawyer and Law Lord (Lord of Appeal in Ordinary). ... The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001 two months after the September 11, 2001 attacks on New York. ... is the 350th day of the year (351st in leap years) in the Gregorian calendar. ...

The determination of each Appellate Committee is normally final, but the House of Lords (in common with the Court of Appeal and High Court of England and Wales) retains an inherent jurisdiction to reconsider any of its previous decisions, this includes the ability to "vacate" that decision and make a new one. It is exceptional for the House of Lords to exercise this power, but a number of important cases such as Dimes v Grand Junction Canal (a seminal case on bias in England and Wales) proceeded in this way.

A recent example of the House of Lords reconsidering an earlier decision occurred in 1999, when the judgment^[4] in the case on the extradition of the former President of Chile Augusto Pinochet was overturned^[5] on the grounds that one of the Lords on the committee, Lord Hoffmann, was a Director of a charity closely allied with Amnesty International, which was a party to the appeal and had an interest to achieve a particular result. The matter was reheard by a panel of seven Lords of Appeal in Ordinary^[6]. General Augusto Pinochet was indicted in 1998 by the Spanish magistrate Baltasar Garzón, arrested in London and finally released by the British government in 2000. ... Flag of the President of Chile The President of Chile is both the chief of state and the head of government. ... Augusto José Ramón Pinochet Ugarte[1] (November 25, 1915 – December 10, 2006) was President of Chile from 1974 to 1990, and was the President of the military junta from 1973 to 1981. ... Leonard Hubert Hoffmann, Lord Hoffmann of Chedworth (born 1934 in Cape Town, South Africa) is a senior British Judge, serving as a Lord of Appeal in Ordinary. ... This article is about charitable organizations. ... Wikimedia Commons has media related to: Amnesty international Amnesty International (commonly known as Amnesty or AI) is an international non-governmental organization which defines its mission as to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience...

Formerly, appeals were heard in the House of Lords Chamber. The Lords would sit for regular sessions after four in the evening, and the judicial sessions were held prior to that time. During the Second World War, the Commons Chamber was bombed, so the Commons began to conduct their debates in the Lords Chamber. The judicial sessions of the House were temporarily moved to a Committee room, which escaped the noise of building repairs. The temporary move later became permanent, and appeals are still heard in Committee rooms. No judicial robes are worn by the judges during hearings. Appellate Committees may meet while Parliament is prorogued. Additionally, if the Sovereign authorises the same, the Committee may meet while Parliament is dissolved. Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Court dress comprises two forms of dress: dress prescribed for Royal courts; and dress prescribed for courts of law. ...

Judgment is given in the main House of Lords Chamber during a full sitting. Sittings for the purposes of giving judgment are normally held at two o'clock on Thursday afternoons; non-judicial matters are not dealt with during these sittings. Only the Law Lords who served on the Appellate Committee speak, but other Lords are free to attend, although they rarely do so. After all five members of the Committee have spoken, the question is put to the House: "That the report from the Appellate Committee be agreed to." The House then votes on that question and on other questions related thereto; the decisions on these questions constitute the House's formal judgment.

If the House of Lords is in recess, the Lord Chancellor or Senior Lord of Appeal in Ordinary may recall the House to give judgment. Judicial sittings may occur while Parliament is prorogued, and, with the authorisation of the Sovereign, dissolved. In the latter case, the meeting is not of the full House, but is rather of the Law Lords acting in the name of the full House. Judgment cannot be given between the summoning of a Parliament and the State Opening. No Parliamentary business is conducted during that time, except the taking of oaths of allegiance and the election of a Speaker by the House of Commons. In the United Kingdom, the State Opening of Parliament is an annual event held usually in October or November that marks the commencement of a session of Parliament. ...

The Judicial Committee of the Privy Council, which includes the twelve Lords of Appeal in Ordinary as well as other senior judges in the Privy Council, has little domestic jurisdiction. The Committee hears appeals from the appellate courts of many independent Commonwealth nations and crown dependencies. The Judicial Committee's domestic jurisdiction is very limited, hearing only cases on the competency of the devolved legislatures in Scotland, Northern Ireland, and Wales. Precedents set in devolution cases, but not in other matters, are binding on all other courts, including the House of Lords. The 'devolution issues' will be transferred from the Privy Council to the Supreme Court of the United Kingdom; however, it will continue to hear Commonwealth appeals. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Commonwealth of Nations as of 2008. ... Look up Devolution in Wiktionary, the free dictionary. ... The future Supreme Court of the United Kingdom The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. ...

Trials

Formerly, the House of Lords constituted a court in certain trials, including trials of peers of the realm and impeachment cases. Such trials, however, do not occur any longer; trials for peers of the realm in the House were abolished in 1948, and impeachment has not occurred since 1806. For other uses, see Peerage (disambiguation). ... Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ...

Peers of the Realm were formerly entitled to a trial in the House of Lords, just as commoners were entitled to trial by jury. Peers of Ireland were, after Union with Great Britain in 1801, entitled to be elected to the House of Commons, but during their service in the lower House their privileges, including the privilege of trial in the House of Lords, abated. Peeresses in their own right and wives or widows of peers were also entitled to trial in such a court, though they were themselves not members of the House of Lords. Widows of peers who later married commoners lost the privilege, but those who later married peers did not. The Privilege of Peerage is the body of special privileges belonging to members of the British Peerage. ...

After the Grand Jury indicted a peer, the case was brought before the Court of King's Bench. The judges of that Court could not actually accept any plea of guilty or not-guilty, except a plea that the crime in question was previously pardoned. If pardon was not pled, the House of Lords issued a writ of certiorari commanding the King's Bench Court to send the case up to it. The Lord High Steward presided, but the entire House could decide all legal, factual or procedural disputes. At the end, the Lords then voted, starting with the most junior Baron, and proceeding forward in order of precedence, ending with the Lord High Steward. While jurors voted on oath or affirmation, a Lord could vote upon his honour. In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ... One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ... In English Law certiorari (Latin, to inform) is a public law relief (i. ... The position of Lord High Steward of England, not to be confused with the Lord Steward, a court functionary, is the first of the Great Officers of State. ... Precedence is a simple ordering, based on either importance or sequence. ...

If the House of Lords was not in session, the case would be referred to the Lord High Steward's Court. The Lord High Steward, who presided, decided questions of law or procedure, but a jury of "Lords Triers" determined the Court's verdict.

The last trial of peers in the House of Lords was in 1935, when Lord de Clifford was tried for motor manslaughter. In 1948, the Criminal Justice Act abolished the use of special courts for trials of peers. Now, peers are tried by regular juries. Lieutenant-Colonel Edward Southwell Russell, 26th Baron de Clifford OBE (31 January 1907 – 3 January 1982) was the only son of Jack Southwell Russell, 25th Baron de Clifford, and the last peer to be tried for a crime in the House of Lords. ...

The House of Lords also has the power to try impeachments. The House of Commons decides on "Articles of Impeachment," which are then brought before the House of Lords. Originally, the House of Lords held that it could try peers only upon impeachment. In 1681, however, the Commons passed a resolution arguing that they could impeach any peer or commoner they pleased, and for any crime, whether treason, a felony or a misdemeanour.

Normally, the Lord Chancellor presides at the trial. If, however, a peer is tried for high treason, the Lord High Steward presides. The House of Lords may decide the case by a simple majority. When the Commons demand judgment, but not earlier, the Lords may proceed to pronounce the sentence against the accused. It is possible for the House of Commons to refuse to press for judgment, in which case the accused, though convicted, is not subjected to punishment.

The accused may not, under the Act of Settlement 1701, plead a pardon to avoid trial in the House of Lords; the same rule does not apply in the lower courts. A convict, however, may be pardoned by the Sovereign. This practice differs from that of many other nations. For instance, in the United States, the President may not issue pardons in cases of impeachment. The Senate can do no more than remove the accused from office and bar him from future offices of public trust or honour, though the accused remains liable to trial and punishment in the lower courts after removal from office. In the United Kingdom, however, the impeachment trial is like any other trial: the House of Lords may impose the same sentence as any lower court, and the Sovereign may pardon the individual convicted upon impeachment like any other convict. Act of Settlement The Electress Sophia of Hanover The Act of Settlement (12 & 13 Wm 3 c. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States...

Impeachment was originally used to try those who were too powerful to come before the ordinary courts. During the reign of the Lancastrians, impeachments were very frequent, but they reduced under the Tudors, when bills of attainder became the preferred method. During the reign of the Stuarts, impeachment was revived; Parliament used it as a tool against the King's ministers during a time when it felt it needed to resist the tyranny of the Crown. The last impeachment trials were of Warren Hastings from 1788 to 1795 and the Viscount Melville in 1806. The House of Lancaster is a dynasty of English kings. ... For other uses, see Tudor (disambiguation). ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... The Coat of Arms of King James I, the first British monarch of the House of Stuart The House of Stuart or Stewart was a royal house of the Kingdom of Scotland, later also of the Kingdom of England, and finally of the Kingdom of Great Britain. ... Warren Hastings (December 6, 1732 - August 22, 1818) was the first governor-general of British India, from 1773 to 1786. ...

Peerage claims

Disputes involving peerage claims were normally referred by the Crown to the House of Lords, perhaps because hereditary peers were, prior to the House of Lords Act 1999, members of that House. Theoretically, the Crown, as fount of honour, is entitled to decide all questions relating to peerage disputes. In practice, however, such decisions are made in contentious cases only after a reference is made to the House of Lords. The House of Lords Act 1999, an Act of Parliament passed by the British Parliament, was a major constitutional enactment as it reformed greatly one of the chambers of Parliament, the House of Lords (see Lords Reform). ...

Under modern procedure, the House of Lords refers the matter to the Committee for Privileges, which includes a number of Law Lords. The Law Lords are the ones who give opinions on the case, the other Lords normally concurring therein. The House of Lords then adopts the Committee's report and addresses the Sovereign, requesting the resolution of the case. The Sovereign then determines the issue as decided by the Privileges Committee.

Constitution of the Lords

Appeals

At first, all members of the House of Lords could hear appeals. The role of lay members of the House in judicial sittings began to fade in the nineteenth century. Soon, only "Law Lords"—the Lord Chancellor and Lords who held judicial office—came to hear appeals. The last time that lay members of the House actually voted on a case was in 1834. The Lords later came close to breaching this convention a decade later, when the House was considering the case of Daniel O'Connell, an Irish politician. A panel of Law Lords—the Lord Chancellor, three former Lord Chancellors, a former Lord Chancellor of Ireland and a former Lord Chief Justice—opined on the matter. Immediately thereafter, lay members began to make speeches about the controversial case. The Lord President of the Privy Council then advised that lay members should not intervene after the Law Lords had announced their opinions. The last time a lay peer attempted to intervene was in 1883; in that case, the Lord's vote was ignored. For other persons named Daniel OConnell, see Daniel OConnell (disambiguation). ... The office of Lord Chancellor of Ireland was the highest judicial office in Ireland from earliest times until the establishment of the Irish Free State in 1922. ... The Lord Chief Justice of England and Wales was, historically, the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. ...

There was, however, no provision whereby the number of Law Lords could be regulated. In 1856, it was desired to increase the number of Law Lords by creating a life peerage. The House, however, ruled that the recipient of the peerage, Sir James Parke, was not entitled thereby to sit as a Lord of Parliament. James Parke, Baron Wensleydale (1782-1868), English judge, was born near Liverpool on 22 March 1782. ...

Under the Appellate Jurisdiction Act 1876, the Sovereign may nominate a number of Lords of Appeal in Ordinary to sit in the House of Lords. In practice, they are appointed on the advice of the Prime Minister (they are not covered by the recently established Judicial Appointments Commission). Only individuals who have held high judicial office for a minimum of two years or barristers who have been practicing for fifteen years may be appointed Lords of Appeal in Ordinary. By convention, at least two of the Lords of Appeal in Ordinary are Scottish and at least one is Northern Irish. The Judicial Appointments Commission is responsible for selecting judges in England and Wales. ... For the musician, see Sikiru Ayinde Barrister. ...

Lords of Appeal in Ordinary hold the rank of Baron and seats in the House for life. Under the Judicial Pensions and Retirement Act 1993 they cease to be Lords of Appeal in Ordinary at the age of seventy, or may be permitted by ministerial discretion to hold office as late as age seventy-five. The original Act provided for the appointment of only two Lords of Appeal in Ordinary, but now, twelve may be appointed; the number may be raised by a Statutory Instrument approved by both Houses of Parliament. Lords of Appeal in Ordinary are, by custom, appointed to the Privy Council if not already members. They serve on the Judicial Committee of the Privy Council, which is the highest court of appeal in certain cases. Lords of Appeal in Ordinary are often called upon to chair important public inquiries, such as the recent Hutton inquiry. The Judicial Pensions and Retirement Act 1993 is a piece of British legislation that strengthened the mandatory retirement provisions previously instituted by the Judicial Pensions Act 1959 for members of the British judiciary. ... Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ... The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ... The Hutton Inquiry was a British judicial inquiry chaired by Lord Hutton, appointed by the British government to investigate the death of a government weapons expert, Dr. David Kelly. ...

Two of the Lords of Appeal in Ordinary are designated the Senior and Second Senior Lords of Appeal in Ordinary. Formerly, the most senior of the Law Lords took these posts. Since 1984, however, the Senior and Second Senior Lords are appointed independently.

Lords of Appeal in Ordinary are joined by a number of Lords of Appeal. The Lords of Appeal are individuals who are already members of the House of Lords under other Acts (including the Life Peerages Act 1958 and the House of Lords Act 1999) who hold or have held high judicial office. High judicial officers include judges of the Court of Appeal of England and Wales, the Inner House of the Court of Session and the Court of Appeal in Northern Ireland. Additionally, a Lord of Appeal in Ordinary who has reached the age of seventy may become a Lord of Appeal. In recent years, a judge of an overseas appellate court (the Court of Appeal of New Zealand) served as a Lord of Appeal (see Lord Cooke of Thorndon). The Court of Appeal of New Zealand, located in Wellington, is New Zealand’s principal intermediate appellate court. ... Robin Brunskill Cooke, Baron Cooke of Thorndon, ONZ, KBE, PC, is a member of the British House of Lords. ...

Judicial appeals are heard by Lords of Appeal in Ordinary and Lords of Appeal under the age of seventy-five. Lords of Appeal in Ordinary are entitled to emoluments. Thus, Lords of Appeal in Ordinary cease to be paid at the time they cease to hold office and become Lords of Appeal. The Senior Lord of Appeal in Ordinary receives £185,705 (the Lord Chief Justice of England and Wales is the only judicial figure who receives a higher salary). The other Lords of Appeal in Ordinary receive £179,431. The Lord Chief Justice of England and Wales was, historically, the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. ...

By convention, only the Lords of Appeal in Ordinary and Lords of Appeal participate in judicial matters. When the House gives judgment, the regular quorum of three applies, but those three must be Law Lords. Normally, only the Law Lords on the Appellate Committee who are deciding the case vote when the House gives judgment.

Trials

The Lord High Steward presided over the House of Lords in trials of peers, and also in impeachment trials when a peer was tried for high treason; otherwise, the Lord High Chancellor presided. The post of Lord High Steward was originally hereditary, held by the Earls of Leicester. After the rebellion of one of the Lord High Stewards, the position was forfeited and re-granted to Edmund Crouchback, but it later merged in the Crown. The position was created again, but its holder died without heirs in 1421, and the post has since been left vacant. Whenever a Lord High Steward became necessary—at certain trials and at coronation—one was appointed for the occasion only. Once the trial or coronation concluded, the Lord High Steward would break his white staff of office, thereby symbolising the end of his service in that position. Often, when a Lord High Steward was necessary for trials of peers, the Lord Chancellor was appointed to the post. The Earl of Leicester was created in the 12th century as a title in the Peerage of England (title now extinct), and is currently a title in the Peerage of the United Kingdom, created in 1837. ... Edmund Crouchback (January 16, 1245 - June 5, 1296) was the second surviving son of Eleanor of Provence and King Henry III of England. ... British coronations are held in Westminster Abbey. ...

The Lord High Steward merely presided at trials, and the whole House could vote. The position of the Lords Spiritual (the Archbishops and Bishops of the Church of England with seats in the House), however, was unclear. The Lords Spiritual, though members of the House, were not considered "ennobled in blood" like the temporal peers. Though they retained the right to vote in both trials of peers and impeachment trials, it was customary for them to withdraw from the chamber immediately before the House pronounced judgment. This convention was followed only before the final vote on guilt and not on procedural questions arising during the trial. The Church of England is the officially established Christian church[3] in England, the Mother Church of the worldwide Anglican Communion and the oldest among the communions thirty-eight independent national churches. ...

Peerage claims

Disputes over peerage claims are considered before the House of Lords Committee for Privileges. That Committee includes the Chairman of Committees and fourteen other Lords. The permanent members of the Committee are joined by four Law Lords named by the Senior Lord of Appeal in Ordinary. The Law Lords on the Committee are not permanent members; different Law Lords may sit for different cases. Normally, the Law Lords are the members who opine on the law, the other members merely concurring with their opinions. In hearing peerage claims, at least three Law Lords must be present in order to maintain a quorum.

Reform

In 1873, the Government introduced a bill to abolish the judicial role of the House of Lords in English cases (Scottish and Irish appeals were to be preserved). The bill passed, and was to come into force in November of 1874. Before that date, however, the Liberal Government of William Ewart Gladstone fell. The new Conservative Government, led by Benjamin Disraeli, passed a bill to postpone the coming-into-force of the bill until 1875. By then, however, the sentiments of the Parliament had changed. The relevant provisions of the bill were repealed, and the jurisdiction of the House of Lords came to be regulated under the Appellate Jurisdiction Act 1876. Under that Act, appeals are no longer brought in the form of petitions. Rather, appeals are formally made from the lower courts. William Ewart Gladstone (29 December 1809 – 19 May 1898) was a British Liberal Party statesman and Prime Minister (1868–1874, 1880–1885, 1886 and 1892–1894). ... Benjamin Disraeli, 1st Earl of Beaconsfield, KG, PC, FRS (December 21, 1804 – April 19, 1881), born Benjamin DIsraeli was a British Conservative statesman and literary figure. ...

There have been concerns related to the role of the House of Lords as a judicial body. The participation of the Lord Chancellor in judicial sittings has varied over the years. Lord Gardiner (Lord Chancellor from 1965 to 1970) sat on four days, Lord Hailsham of St Marylebone (1970 to 1974 and 1979 to 1987) on eighty-one days, Lord Elwyn-Jones (1974 to 1979) on eight days, Lord Havers (1987) never, Lord Mackay of Clashfern (1987 to 1997) on sixty days and Lord Irvine of Lairg (1997 to 2003) on eighteen days. Lord Chancellors generally did not sit judicially when the Government had a stake in the outcome; during a debate in the Lords, Lord Irvine said, "I am unwilling to lay down any detailed rules because it is ever a question of judgment combined with a need to ensure that no party to an appeal could reasonably believe or suspect that the Lord Chancellor might, because of his other roles, have an interest in a specific outcome. Examples might be where the lawfulness of a decision or action by any Minister or department might be at issue." The most recent former Lord Chancellor, Lord Falconer of Thoroton, decided not to sit judicially at all and under the Constitutional Reform Act 2005 is no longer a judge. Gerald Austin Gardiner, Baron Gardiner of Kittisford in the County of Somerset, PC KC (30 May 1900-7 January 1990) was Lord Chancellor from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since. ... Quintin McGarel Hogg, Baron Hailsham of St Marylebone, KG, CH, PC, QC (9 October 1907 – 12 October 2001), formerly 2nd Viscount Hailsham (1950–1963), was a British judge and Conservative politician. ... Frederick Elwyn Elwyn-Jones, Baron Elwyn-Jones (1909-1989) was a British peer and politician. ... Robert Michael Oldfield Havers (March 10, 1923 - April 1, 1992) was known as Sir Michael Havers from being knighted in 1972 until being created Lord Havers in 1987 on his appointment as Lord Chancellor. ... James Peter Hymers Mackay, Baron Mackay of Clashfern, KT, PC (born July 2, 1927), is a Scottish lawyer and former Lord Chancellor (1987 - 1997). ... Alexander Andrew Mackay Irvine, Lord Irvine of Lairg, QC, PC (born June 23, 1940), known as Derry Irvine, is a British lawyer and political figure who served as Lord Chancellor under his former pupil Tony Blair. ... Lord Falconer of Thoroton Charles Leslie Falconer, Baron Falconer of Thoroton, PC, QC (born 19 November 1951) is a British barrister and Labour Party politician. ... The Constitutional Reform Act 2005 (2005 c. ...

Part 3 of the Constitutional Reform Act 2005, which received Royal Assent on 24 March 2005 but has not yet come into force, will abolish the judicial functions of the House of Lords, and transfer them to a new body — the Supreme Court of the United Kingdom — which will initially consist of the existing Law Lords. The Constitutional Reform Act 2005 (2005 c. ... // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... is the 83rd day of the year (84th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The future Supreme Court of the United Kingdom The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. ...

In fiction

The 1949 movie Kind Hearts and Coronets, set around 1900, depicts trial of a peer by the House of Lords. Kind Hearts and Coronets is a 1949 British black comedy film produced by Ealing Studios. ...

Dorothy Sayers's Lord Peter Wimsey book, Clouds of Witness, depicts trial of a peer (Wimsey's brother) by the House of Lords. Dorothy Leigh Sayers (Oxford, 13 June 1893 – Witham, 17 December 1957) was a British author, translator, student of classical and modern languages, and Christian humanist. ... Early paperback edition cover of Murder Must Advertise Lord Peter Death Bredon Wimsey is a fictional character in a series of detective novels and short stories by Dorothy L. Sayers, in which he solves mysteries — usually murder mysteries. ...

The Wizengamot in JK Rowling's Harry Potter series serves in a similar capacity to the House of Lords in being both a legislative and judicial body. The Wizengamot is a fictional body of wizards in the Harry Potter series of books. ... Joanne Rowling OBE (born July 31, 1965 in Chipping Sodbury, South Gloucestershire), commonly known as J.K. Rowling (pronunciation: roll-ing; her former students used to joke with her name calling her the Rolling Stone), is a British fiction writer. ... This article is about the Harry Potter series of novels. ...

See also

• List of Law Life Peerages
• List of Lords of Appeal
• List of House of Lords cases

This is a list of Life Peerages in the Peerage of the United Kingdom created under the Appellate Jurisdiction Act 1876. ... As of 11 January 2007, the Lords of Appeal in Ordinary appointed under section 6 of the Appellate Jurisdiction Act 1876 are, in order of seniority: The Rt Hon. ... This page is for notable House of Lords legal cases. ...

References

• "The Appellate Jurisdiction of the House of Lords." (2006).
• Blackstone, Sir William. (1765) Commentaries on the Laws of England. Oxford: Clarendon Press.

Footnotes

1. ^ An opinion of Appellate Committee ([2004 UKHL 56)] © Parliamentary copyright
2. ^ by Shami Chakrabarti There is no halfway house on human rights in The Times February 1, 2005
3. ^ Anti-Terrorism, Crime and Security Act 2001 Home Office web-site
4. ^ R v Bow Street Metropolitan Stipendiary Magistrate, ex p. Pinochet Ugarte (No. 1) [1998] UKHL 41
5. ^ In Re Pinochet [1999] UKHL 52
6. ^ R v Bow Street Metropolitan Stipendiary Magistrate, ex p. Pinochet Ugarte (No. 3) [1999] UKHL 17