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Constitutional Reform |
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Introduction |
The legal and judicial system in England and Wales is recognised across
the world for its judicial excellence and integrity.
However, to retain this status the constitution and judiciary have to
respond to the needs of the modern world.
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Main effects of the Act |
The
Constitutional Reform Act
was introduced to ensure:
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greater transparency in judicial appointments
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diversity among the judiciary
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judicial independence, and
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a clear definition of the roles of the
'Lord Chancellor and Secretary of State for Justice' and the Lord Chief
Justice.
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Shift in roles and responsibilities |
The Act provides
clarity for the roles and responsibilities of the Lord Chancellor (as a
representative of the
executive) and the Lord Chief Justice (the head of the judiciary in
England and Wales).
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Changes starting in April 2006 |
Since
2006 there has been:
A Supreme Court for the United Kingdom will be set up in October 2009.
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New appointments of judges to the House of
Lords will be subject to same selection procedure as other judges |
10
October 2007:
The new
appointments process for Justices of the new UK Supreme Court will take
immediate effect, when a vacancy arises, on a voluntary basis. All new judges
appointed to the Supreme Court after its creation will not be members of the
House of Lords; they will become Justices of the Supreme Court.
Section 8 of the
Constitutional Reform Act 2005
makes provision for the
appointments process.
A judge newly appointed to the Appellate Committee of the House of Lords will
spend the majority of their career in the Supreme Court. The Supreme Court will
be operational in October 2009.
The new arrangements aim to increase public confidence in the appointments
process by creating greater transparency of appointments and improving
competition for these positions.
A selection commission will be composed of the President and Deputy President of
the Supreme Court and members of the appointment bodies for England, Wales,
Scotland and Northern Ireland.
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Lord Chief Justice funding hotline |
The
Lord Chief Justice has a direct line of communication to put judges' views to
the Chancellor during the Whitehall spending battle.
It is
unprecedented for the judiciary to be directly involved in bidding alongside
ministers, but it reflects the Lord Chief Justice's role as head of the
judiciary. |
