House of Lords

The judicial role of the House of Lords antedates its legislative role. But few of its early judicial functions as part of the Curia Regis survive. Its current role is chiefly as the senior appellate court.

Decisions of tie House of Lords prior to the 19th century did not command considerable respect. They often were rendered by House of Lords members who were not lawyers. It remains possible in theory for the entire House of Lords to hear an appeal, including both its legislative and judicial members. But in practice decisions are now rendered by the Appellate Comrnittee of the House of Lords, which includes only professional members. The judges include the presiding Lord Chancellor, and the Lords of Appeal in Ordinary, called Law Lords. The Law Lords are chosen either by direct appointment from among the most eminent barristers or by elevating a judge from a lower court. Almost always the appointments are made from the Court of Appeal. A benefit of such appointment is a life peerage, to a degree offsetting the rather modest salary. One or two of the Law Lords are from Scotland, and are assigned to appeals from the highest Scottish court of appeal, the Court of Session.

The Lord Chancellor, appointed by the Prime Minister to serve during the duration of the government, has multiple roles. He is an administrator; he rarely hears cases with the Law Lords. He presides both in the House of Lords in its judicial capacity and over the Judicial Committee of the Privy Council, heads the Chancery Division of the High Court, is an ex-officio member of the Court of Appeal, and is responsible for the county court system, all in addition to other judicial duties. But he is also a member of the executive, usually in service in the Prime Minister’s cabinet. And finally, the Lord Chancellor is a legislator; he sits as Speaker (chairman) of the House of Lords.

Unlike most other English courts, the House of Lords as a judicial body sits quite informally. The Law Lords hear appeals in a committee room rather than the chamber of the House, and they dispense from the formal judicial wigs and robes. Opinions of the Lords are actually speeches by the individual judges in support of their vote, currently written down rather than read aloud as was the early practice.

The jurisdiction of the House of Lords is predominantly appellate, and is almost exclusively related to matters from the Court of Appeal in England, although it is also the final court of appeal for Scotland and Northern Ireland. Either the Court of Appeal or the Appeals Committee of the House of Lords must grant leave for an appeal. Since the Administration of Justice Act 1969, some limited leap-frogging appeals are permitted directly from the High Court to the House of Lords.