The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the
Great Officers of State
Government in medieval monarchies generally comprised the king's companions, later becoming the Royal Household, from which the officers of state arose, initially having household and government duties. Later some of these officers became ...
in
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
and
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, nominally outranking the
prime minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
. The lord chancellor is appointed by the
sovereign
''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'.
The roles of a sovereign vary from monarch, ruler or ...
on the advice of the prime minister. Prior to their
Union
Union commonly refers to:
* Trade union, an organization of workers
* Union (set theory), in mathematics, a fundamental operation on sets
Union may also refer to:
Arts and entertainment
Music
* Union (band), an American rock group
** ''Un ...
into the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...
, there were separate lord chancellors for the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
(including
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
) and the
Kingdom of Scotland
The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a la ...
; there were
lord chancellors of Ireland
The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
until 1922.
The lord chancellor is a member of the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
, the head of the
judiciary of England and Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges ...
and the presiding judge of the
Chancery Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England ...
of the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou ...
. The
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
transferred these roles to the
Lord Speaker
The Lord Speaker is the presiding officer, chairman and highest authority of the House of Lords in the Parliament of the United Kingdom. The office is analogous to the Speaker of the House of Commons: the Lord Speaker is elected by the member ...
, the
Lord Chief Justice
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
and the
Chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when ...
respectively. The current lord chancellor, as of October 2022, is
Dominic Raab
Dominic Rennie Raab (; born 25 February 1974) is a British politician who has served as Deputy Prime Minister of the United Kingdom, Secretary of State for Justice, and Lord Chancellor since October 2022, having previously served from 2021 to ...
, who is also the
Secretary of State for Justice
The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
.
One of the lord chancellor's responsibilities is to act as the custodian of the
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...
, kept historically in the
Lord Chancellor's Purse. A
lord keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This position evolved into that of one of the Great Officers of S ...
may be appointed instead of a lord chancellor. The two offices entail exactly the same duties; the only distinction is in the mode of appointment. Furthermore, the office of lord chancellor may be exercised by a committee of individuals known as Lords Commissioners of the Great Seal, usually when there is a delay between an outgoing chancellor and their replacement. The office is then said to be ''in commission''. Since the 19th century, however, only lord chancellors have been appointed, the other offices having fallen into disuse.
History
The office of lord chancellor may trace its origins to the
Carolingian
The Carolingian dynasty (; known variously as the Carlovingians, Carolingus, Carolings, Karolinger or Karlings) was a Frankish noble family named after Charlemagne, grandson of mayor Charles Martel and a descendant of the Arnulfing and Pippin ...
monarchy, in which a chancellor acted as the keeper of the royal seal. In England, the office dates at least as far back as the
Norman Conquest
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Conque ...
(1066), and possibly earlier. Some give the first chancellor of England as
Angmendus, in 605. Other sources suggest that the first to appoint a chancellor was
Edward the Confessor
Edward the Confessor ; la, Eduardus Confessor , ; ( 1003 – 5 January 1066) was one of the last Anglo-Saxon English kings. Usually considered the last king of the House of Wessex, he ruled from 1042 to 1066.
Edward was the son of Æth ...
, who is said to have adopted the practice of sealing documents instead of personally signing them. A clerk of Edward's,
Regenbald
Regenbald (sometimes known as Regenbald of Cirencester) was a priest and royal official in Anglo–Saxon England under King Edward the Confessor. His name suggests that he was not a native Englishman, and perhaps was German or Norman. He first ...
, was named "chancellor" in some documents from Edward's reign.
In any event, the office has been continuously occupied since the Norman Conquest. The staff of the growing office became separate from the king's household under
Henry III and in the 14th century located in
Chancery Lane
Chancery Lane is a one-way street situated in the ward of Farringdon Without in the City of London. It has formed the western boundary of the City since 1994, having previously been divided between the City of Westminster and the London Boroug ...
. The chancellor headed the
chancery (writing office).
Formerly, the lord chancellor was almost always a
member of the clergy, as during the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
the clergy were amongst the few literate men of the realm. The lord chancellor performed multiple functions—he was the Keeper of the Great Seal, the chief royal chaplain, and adviser in both spiritual and temporal matters. Thus, the position emerged as one of the most important ones in government. He was only outranked in government by the
Justiciar
Justiciar is the English form of the medieval Latin term ''justiciarius'' or ''justitiarius'' ("man of justice", i.e. judge). During the Middle Ages in England, the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent ...
(now obsolete).
As one of the King's ministers, the lord chancellor attended the ''
curia regis'' (royal court). If a bishop, the lord chancellor received a
writ of summons
A writ of summons is a formal document issued by the monarch that enables someone to sit in a Parliament under the United Kingdom's Westminster system. At the beginning of each new Parliament, each person who has established their right to attend ...
; if an ecclesiastic of a lower degree or, if a layman, he attended without any summons. The ''curia regis'' would later evolve into
Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
, the lord chancellor becoming the
prolocutor A prolocutor is a chairman of some ecclesiastical assemblies in Anglicanism.
Usage in the Church of England
In the Church of England, the Prolocutor is chair of the lower house of the Convocations of Canterbury and York, the House of Clergy. The P ...
of its upper house, the House of Lords. As was confirmed by a
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
passed during the reign of
Henry VIII
Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
, a lord chancellor could preside over the House of Lords even if not a lord himself.
The lord chancellor's judicial duties also evolved through his role in the ''curia regis''. Petitions for justice were normally addressed to the king and the ''curia'', but in 1280,
Edward I
Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots, was King of England and Lord of Ireland from 1272 to 1307. Concurrently, he ruled the duchies of Aquitaine and Gascony as a vassal o ...
instructed his justices to examine and deal with petitions themselves as the
Court of King's Bench
The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions.
* Court of King's Bench (England), a historic court court of common ...
. Important petitions were to be sent to the lord chancellor for his decision; the more significant of these were also to be brought to the king's attention. By the reign of
Edward III
Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England and Lord of Ireland from January 1327 until his death in 1377. He is noted for his military success and for restoring r ...
, this chancellery function developed into a separate tribunal for the lord chancellor. In this body, which became known as the
High Court of Chancery
High may refer to:
Science and technology
* Height
* High (atmospheric), a high-pressure area
* High (computability), a quality of a Turing degree, in computability theory
* High (tectonics), in geology an area where relative tectonic uplift t ...
, the lord chancellor would determine cases according to fairness (or "
equity
Equity may refer to:
Finance, accounting and ownership
* Equity (finance), ownership of assets that have liabilities attached to them
** Stock, equity based on original contributions of cash or other value to a business
** Home equity, the dif ...
") instead of according to the strict principles of
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. The lord chancellor also became known as the "
keeper of the king's conscience". Churchmen continued to dominate the chancellorship until the 16th century. In 1529, after
Cardinal
Cardinal or The Cardinal may refer to:
Animals
* Cardinal (bird) or Cardinalidae, a family of North and South American birds
**''Cardinalis'', genus of cardinal in the family Cardinalidae
**''Cardinalis cardinalis'', or northern cardinal, the ...
Thomas Wolsey
Thomas Wolsey ( – 29 November 1530) was an English statesman and Catholic bishop. When Henry VIII became King of England in 1509, Wolsey became the king's almoner. Wolsey's affairs prospered and by 1514 he had become the controlling figur ...
, who was lord chancellor and
archbishop of York
The archbishop of York is a senior bishop in the Church of England, second only to the archbishop of Canterbury. The archbishop is the diocesan bishop of the Diocese of York and the metropolitan bishop of the province of York, which covers th ...
, was dismissed for failing to procure the annulment of Henry VIII's marriage to
Catherine of Aragon
Catherine of Aragon (also spelt as Katherine, ; 16 December 1485 – 7 January 1536) was Queen of England as the first wife of King Henry VIII from their marriage on 11 June 1509 until their annulment on 23 May 1533. She was previously ...
, laymen tended to be more favoured for appointment to the office. Ecclesiastics made a brief return during the reign of
Mary I
Mary I (18 February 1516 – 17 November 1558), also known as Mary Tudor, and as "Bloody Mary" by her Protestant opponents, was Queen of England and Ireland from July 1553 and Queen of Spain from January 1556 until her death in 1558. She ...
, but thereafter, almost all lord chancellors have been laymen.
Anthony Ashley Cooper, 1st Earl of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC FRS (22 July 1621 – 21 January 1683; known as Anthony Ashley Cooper from 1621 to 1630, as Sir Anthony Ashley Cooper, 2nd Baronet from 1630 to 1661, and as The Lord Ashley from 1661 to 1 ...
(1672–73) was the last lord chancellor who was not a lawyer, until the appointment of
Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party (UK), Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (United King ...
in 2012.
The three subsequent holders of the position,
Michael Gove
Michael Andrew Gove (; born Graeme Andrew Logan, 26 August 1967) is a British politician serving as Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations since 2021. He has been Member of Parli ...
(2015–2016),
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped down ...
(2016–2017) and David Lidington (2017–2018) are also not lawyers. However, the appointment of
David Gauke
David Michael Gauke (; born 8 October 1971) is a British political commentator, solicitor and former politician who was the Member of Parliament (MP) for South West Hertfordshire from 2005 to 2019. He served in the Cabinet under Theresa May, mo ...
in January 2018 meant that once again the lord chancellor was a lawyer.
At the Union of England and Scotland, the
lord keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This position evolved into that of one of the Great Officers of S ...
of England became the first lord high chancellor of Great Britain, but
Lord Seafield continued as
lord chancellor of Scotland
The Lord Chancellor of Scotland, formally the Lord High Chancellor, was a Great Officer of State in the Kingdom of Scotland.
Holders of the office are known from 1123 onwards, but its duties were occasionally performed by an official of lower st ...
until 1708; was re-appointed in 1713; and sat as an
extraordinary lord of session
Extraordinary Lords of Session were lay members of the Court of Session in Scotland from 1532 to 1762, and were part of the historical judiciary of Scotland.
When the Court of Session was founded in 1532, it consisted of the Lord President, 14 ...
in that capacity until his death in 1730, since which time the office of lord chancellor of Scotland has been in abeyance.
The office
Formerly, when the office was held by ecclesiastics, a "Keeper of the Great Seal" acted in the lord chancellor's absence. Keepers were also appointed when the office of lord chancellor fell vacant, and discharged the duties of the office until an appropriate replacement could be found. When
Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
El ...
became queen, Parliament passed an
Act providing that a
lord keeper of the Great Seal
The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great Seal of England. This position evolved into that of one of the Great Officers of S ...
would be entitled to "like place, pre-eminence, jurisdiction, execution of laws, and all other customs, commodities, and advantages" as a lord chancellor. The only difference between the two offices is the mode of appointment—a lord chancellor is appointed by formal
letters patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
, but a Lord Keeper is appointed by the delivery of the Great Seal into their custody.
Formerly, it was customary to appoint commoners to the office of Lord Keeper, and peers to the office of lord chancellor. A Lord Keeper who acquired a peerage dignity would subsequently be appointed lord chancellor. The last Lord Keeper was
Robert Henley, who was created a Baron in 1760 and was appointed lord chancellor in 1761. Since then, commoners as well as peers have been appointed to the post of lord chancellor; however, until the 21st-century changes to the office, a commoner would normally have been created a peer shortly after appointment.
It is also possible to put the office of lord chancellor into commission (that is to say, to entrust the office to a group of individuals rather than a single person). The individuals who exercise the office became known as ''Lords Commissioners of the Great Seal''. Lords commissioners of the Great Seal have not been appointed since 1850.
Formerly, there were separate chancellors of England, Scotland and Ireland. When the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
and the
Kingdom of Scotland
The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a la ...
united to form the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a Sovereign state, sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of ...
under the
Act of Union 1707
The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
the offices of the chancellor of England and the lord chancellor of Scotland were combined to form a single office of lord chancellor for the new state. Similar provision was not made when Great Britain and Ireland merged into the United Kingdom under the
Act of Union 1800
The Acts of Union 1800 (sometimes incorrectly referred to as a single 'Act of Union 1801') were parallel acts of the Parliament of Great Britain and the Parliament of Ireland which united the Kingdom of Great Britain and the Kingdom of Irela ...
. Thus, the separate office of
lord chancellor of Ireland
The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
continued to exist until the formation of the
Irish Free State
The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
in 1922. The office of lord chancellor of Ireland was abolished, and its duties transferred to the
governor of Northern Ireland
The governor of Northern Ireland was the principal officer and representative in Northern Ireland of the British monarch. The office was established on 9 December 1922 and abolished on 18 July 1973.
Overview
The office of Governor of Northern I ...
, and later the
secretary of state for Northern Ireland
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
. Thus, the lord chancellor remains "Lord High Chancellor of Great Britain" and not "Lord High Chancellor of the United Kingdom".
Functions
Executive functions
The lord chancellor is a member of the
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
and of the
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
. The ministerial department the lord chancellor heads was known as the Lord Chancellor's Office between 1885 and 1971, and the
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancell ...
between 1971 and 2003. In 2003 the department was renamed the
Department for Constitutional Affairs
The Department for Constitutional Affairs (DCA) was a United Kingdom government department. Its creation was announced on 12 June 2003; it took over the functions of the Lord Chancellor's Department. On 28 March 2007 it was announced that the Dep ...
, and the lord chancellor was appointed
Secretary of State for Constitutional Affairs
The secretary of state for constitutional affairs was a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Department for Constitutional Affairs. The position existed from 2003 to 200 ...
. In 2007 this post was renamed
Secretary of State for Justice
The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
, and the department became the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
.
By law, the lord chancellor is responsible for the administration of the courts, prison system, legal aid, and probation services in England and Wales. Furthermore, the lord chancellor has a role in appointing many judges in the
courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
. Senior judges – i.e.
Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
of the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
,
Lords Justices of Appeal
A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals. A Lord (or Lady) Justice ...
and the
heads of the divisions of the High Court – are officially appointed by the sovereign on the advice of the lord chancellor, but since 2005 the lord chancellor has been consulted by an independent
Judicial Appointments Commission
The Judicial Appointments Commission (JAC) is an independent commission that selects candidates for judicial office in courts and tribunals in England and Wales and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland.
Sy ...
and can only choose whether to accept or reject its recommendations. Similarly the lord chancellor no longer determines which
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
s are to be raised to the rank of
King's Counsel
In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
but merely supervises the process of selection by an independent panel. In addition, the lord chancellor officiates a ceremony in
Westminster Abbey
Westminster Abbey, formally titled the Collegiate Church of Saint Peter at Westminster, is an historic, mainly Gothic church in the City of Westminster, London, England, just to the west of the Palace of Westminster. It is one of the United ...
at the beginning of the
legal year
The legal year, in English law as well as in other common law jurisdictions, is the calendar during which the judges sit in court. It is traditionally divided into periods called "terms".
Asia
Hong Kong
Hong Kong's legal year is marked as Cerem ...
in front of all the judges. The ceremony is followed by a reception known as the lord chancellor's breakfast which is held in
Westminster Hall
The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parli ...
.
Separately, custody of the
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom (known prior to the Treaty of Union of 1707 as the Great Seal of England; and from then until the Union of 1801 as the Great Seal of Great Britain) is a seal that is used to sym ...
is entrusted to the lord chancellor. Documents to which the Great Seal is affixed include
letters patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
,
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s of summons and election and
royal proclamations, among many other instruments. The actual sealing of documents is performed by order of the lord chancellor under the supervision of the
Clerk of the Crown in Chancery
A clerk is a white-collar worker who conducts general office tasks, or a worker who performs similar sales-related tasks in a retail environment. The responsibilities of clerical workers commonly include record keeping, filing, staffing service c ...
, who holds the separate office of
Permanent Secretary to the Lord Chancellor's Office
The Permanent Secretary to the Lord Chancellor's Department was the most senior civil servant in the Lord Chancellor's Department and a senior member of Her Majesty's Civil Service. Officially titled Her Majesty's Permanent Under-Secretary of State ...
. The lord chancellor is not keeper of the
Great Seal of Scotland
The Great Seal of Scotland ( gd, Seala Mòr na h-Alba) is a principal national symbol of Scotland that allows the monarch to authorise official documents without having to sign each document individually. Wax is melted in a metal mould or matrix ...
, the
Great Seal of Northern Ireland
The Great Seal of Northern Ireland is the seal used for Northern Ireland. The great seal is in the possession of the Secretary of State for Northern Ireland. The Great Seal was created by the Irish Free State (Consequential Provisions) Act 1922 ...
, or the
Welsh Seal
The Welsh Seal () is a seal used for Wales.
Independent Wales
Seals were used by the native Princes of Wales during Welsh independence. Llywelyn the Great
On Llywelyn the Great' (Llywelyn ap Iorwerth) seal is dated to 1240. Llywelyn is pi ...
; rather the
First Minister of Scotland
The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chairs ...
, the
Secretary of State for Northern Ireland
A secretary, administrative professional, administrative assistant, executive assistant, administrative officer, administrative support specialist, clerk, military assistant, management assistant, office secretary, or personal assistant is a w ...
, and the
First Minister of Wales
, insignia = First Minister of Wales logo.png
, insigniasize = 120px
, insigniacaption = Logo
, flag = Flag of Wales.svg
, flagsize = 120px
, flagborder = yes
, flagcaption = Flag of Wales
, image = File:Mark Drakeford (cropped).jpg
, ...
are the lawful custodians.
Legislative functions
Whenever the sovereign appoints
lords commissioners
The Lords Commissioners are privy counsellors appointed by the monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament which would otherwise require the monarch's attendance at the Palace of Wes ...
to perform certain actions on his or her behalf (for example, to formally declare in Parliament that the
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
has been granted, or to prorogue or dissolve Parliament), the lord chancellor usually serves as the principal or senior lord commissioner. The other lords commissioners, by convention, are members of the House of Lords who are
privy counsellors
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of ei ...
(generally the leaders of the three main parties and the convenor of the crossbenches). In this role the lord chancellor wears parliamentary robes—a full-length scarlet wool gown decorated with
miniver
Miniver, an unspotted white fur edged with grey, derives from the winter coat of the red squirrel. Miniver differs from ermine (stoat) fur in that it does not include the distinctive black tails of the stoat but is formed of distinctive grey edg ...
fur. The lord chancellor wears a
tricorne
The tricorne or tricorn is a style of hat that was popular during the 18th century, falling out of style by 1800, though actually not called a "tricorne" until the mid-19th century. During the 18th century, hats of this general style were referr ...
hat, but the other lords commissioners wear
bicorne
The bicorne or bicorn (two-cornered) is a historical form of hat widely adopted in the 1790s as an item of uniform by European and American army and naval officers. Most generals and staff officers of the Napoleonic period wore bicornes, which ...
hats. During the period that
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
, an MP, was lord chancellor, he was officially named as one of the lords commissioners, but did not take part in the formal ceremonies of granting royal assent and proroguing Parliament. The Lord Speaker has been appointed a lord commissioner and does take part in the ceremonies. The role of principal lord commissioner during this period has been taken by the
leader of the House of Lords
The leader of the House of Lords is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Lords. The post is also the leader of the majority party in the House of Lords who acts as ...
. There is an exception: when John Bercow was presented for royal approbation for the office of speaker of the House of Commons in 2009, and again when Bercow's successor Sir Lindsay Hoyle was presented for approbation in 2019, the lord chancellor (Straw and Buckland, respectively) were the principal lord commissioner, and the lord speaker was not in the commission. This precedent has continued since then. It is unclear how these arrangements would change if a future lord chancellor were appointed from the House of Lords.
Ecclesiastical functions
Lord chancellors perform various functions relating to the established
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
. They appoint clergy in such of the ecclesiastical livings under the patronage of the Crown as are officially listed as being worth less than £20 ''per annum''. Furthermore, they exercise the same prerogative in regard to the less valuable livings in the
Duchy of Cornwall
The Duchy of Cornwall ( kw, Duketh Kernow) is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of 'Duke of Cornwall' at ...
when there is no duke of Cornwall, or when the duke of Cornwall is a minor. (The heir-apparent to the Crown, if he is the sovereign's eldest son, is automatically duke of Cornwall.) Finally, the lord chancellor is in some cases the patron of an ecclesiastical living in his own right. In total, the lord chancellor appoints clergymen in over four hundred parishes and twelve cathedral
canonries
Canon ( el, κανονικός, translit=kanonikós) is a Christian title usually used to refer to a member of certain bodies in subject to an canon law, ecclesiastical rule.
Originally, a canon was a cleric living with others in a clergy house o ...
.
By law, the lord chancellor must be consulted before appointments may be made to certain
ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
s. Judges of
Consistory Court
A consistory court is a type of ecclesiastical court, especially within the Church of England where they were originally established pursuant to a charter of King William the Conqueror, and still exist today, although since about the middle of th ...
s, the
Arches Court
The Arches Court, presided over by the Dean of Arches, is an ecclesiastical court of the Church of England covering the Province of Canterbury. Its equivalent in the Province of York is the Chancery Court.
It takes its name from the street-level ...
of Canterbury, the
Chancery Court of York
The Chancery Court of York is an ecclesiastical court for the Province of York of the Church of England. It receives appeals from consistory courts of dioceses within the province. The presiding officer, the Official Principal and Auditor, has b ...
and the
Court of Ecclesiastical Causes Reserved
The Court of Ecclesiastical Causes Reserved is an appellate court within the hierarchy of ecclesiastical courts of the Church of England. Hearing cases involving church doctrine, ceremony, or ritual, the court has jurisdiction over both the Provin ...
are appointed only after consultation with the lord chancellor.
The lord chancellor is, ''ex officio'', one of the thirty-three
Church Commissioners
The Church Commissioners is a body which administers the property assets of the Church of England. It was established in 1948 and combined the assets of Queen Anne's Bounty, a fund dating from 1704 for the relief of poor clergy, and of the Eccle ...
, who manage the assets of the Church of England.
Formerly, Roman Catholics were thought to be ineligible for the office of lord chancellor, as the office entailed functions relating to the Church of England. Most legal restrictions on Roman Catholics were lifted by the
Catholic Relief Act 1829
The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Br ...
, which, however, provides: "nothing herein contained shall
..enable any Person, otherwise than as he is now by Law enabled, to hold or enjoy the Office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal". The words "as he is now by Law enabled", however, caused considerable doubt, as it was unclear if Roman Catholics were disqualified from holding the office in the first place. For the removal of all doubt, Parliament passed the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974, declaring that there was never any impediment to the appointment of a Roman Catholic. The Act nevertheless provides that, if a Roman Catholic were to be appointed to the office, then the sovereign may temporarily transfer the lord chancellor's ecclesiastical functions to the prime minister or another minister.
Other functions
Under the
Regency Act 1937
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor (under the age of 18). Prior to 1937, Regency Acts were passed only ...
, the lord chancellor is one of the five persons who participate in determining the capacity of the sovereign to discharge his or her functions—the other individuals so empowered are the sovereign's spouse, the speaker of the House of Commons, the
Lord Chief Justice of England and Wales
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
and the
master of the rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales a ...
. If any three or more of these individuals, based on evidence that, as required by statute, shall include evidence provided by physicians, determine and declare by an instrument in writing, lodged with the Privy Council, that the sovereign suffers from a mental or physical infirmity that prevents him or her from personally discharging the duties of head of state, the royal functions are transferred to a
regent
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
, who discharges them in the name and on behalf of the monarch.
The lord chancellor is also the
Keeper of the King's Conscience. As such, the lord chancellor was once also the chief judge of the
Court of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...
in London, dispensing equity to soften the harshness of the law.
The lord chancellor acts as the
visitor
A visitor, in English and Welsh law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution, often a charitable institution set up for the perpetual distribution of the founder's alms and bounty, who can interve ...
of many universities, colleges, schools, hospitals and other charitable organisations throughout the United Kingdom. When the rules of the organisation do not designate a visitor or, when a vacancy in the office arises, the sovereign serves as visitor, but delegates the functions to the lord chancellor. Furthermore, some organisations explicitly provide that the lord chancellor is to act as visitor; these bodies include
St. George's Chapel, Windsor
St George's Chapel at Windsor Castle in England is a castle chapel built in the late-medieval Perpendicular Gothic style. It is both a Royal Peculiar (a church under the direct jurisdiction of the monarch) and the Chapel of the Order of the Gart ...
, the
Royal Institution
The Royal Institution of Great Britain (often the Royal Institution, Ri or RI) is an organisation for scientific education and research, based in the City of Westminster. It was founded in 1799 by the leading British scientists of the age, inc ...
,
Newcastle University
Newcastle University (legally the University of Newcastle upon Tyne) is a UK public university, public research university based in Newcastle upon Tyne, North East England. It has overseas campuses in Singapore and Malaysia. The university is ...
and three colleges of the
University of Oxford
, mottoeng = The Lord is my light
, established =
, endowment = £6.1 billion (including colleges) (2019)
, budget = £2.145 billion (2019–20)
, chancellor ...
(namely
St. Antony's College,
Worcester College
Worcester College is one of the constituent colleges of the University of Oxford in England. The college was founded in 1714 by the benefaction of Sir Thomas Cookes, 2nd Baronet (1648–1701) of Norgrove, Worcestershire, whose coat of arms w ...
, and
University College
In a number of countries, a university college is a college institution that provides tertiary education but does not have full or independent university status. A university college is often part of a larger university. The precise usage varies ...
).
The power to appoint members of certain organisations is vested in the lord chancellor. These organisations include the governing bodies of
Harrow School
(The Faithful Dispensation of the Gifts of God)
, established = (Royal Charter)
, closed =
, type = Public schoolIndependent schoolBoarding school
, religion = Church of E ...
,
Rugby School
Rugby School is a public school (English independent boarding school for pupils aged 13–18) in Rugby, Warwickshire, England.
Founded in 1567 as a free grammar school for local boys, it is one of the oldest independent schools in Britain. Up ...
and
Charterhouse School
(God having given, I gave)
, established =
, closed =
, type = Public school Independent day and boarding school
, religion = Church of England
, president ...
.
The Lord Chancellor is responsible for making a speech and raising the toast to the Lord Mayor at the Lord Mayor’s dinner in July each year.
Former functions
Head of the judiciary
The lord chancellor performed several different roles as head of the English and Welsh judiciary. He sat as a judge in the
Appellate Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
(the highest domestic Court in the United Kingdom), and was a member of the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
(the senior tribunal of the British Empire (except for the United Kingdom) and, latterly, parts of the Commonwealth). He was the president of the
Supreme Court of England and Wales, and therefore supervised the Court of Appeal of England and Wales, the High Court of Justice of England and Wales and the
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
of England and Wales. He was also, ''
ex officio
An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'', a judge in the Court of Appeal and the president of the Chancery Division. In modern times, these judicial functions were exercised very sparingly. The functions in relation to the House of Lords and the Judicial Committee of the Privy Council were usually delegated to the senior lord of appeal in ordinary. The task of presiding over the Chancery Division was delegated to the vice-chancellor, a senior judge (now known as the
chancellor of the High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when ...
). Most lord chancellors by the end of the twentieth century gave judgments only in cases reaching the House of Lords. The last lord chancellor to preside as a judge was
Lord Irvine of Lairg
Alexander Andrew Mackay Irvine, Baron Irvine of Lairg, (born 23 June 1940), known as Derry Irvine, is a Scottish lawyer, judge and political figure who served as Lord Chancellor under his former pupil barrister, Tony Blair.
Education
Irvine wa ...
(in office 1997–2003), who did so as a member of the
Appellate Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
. However, concerns were already being expressed, including by the judiciary, at the propriety of a cabinet minister sitting as a professional judge, and his successor,
Lord Falconer
Charles Leslie Falconer, Baron Falconer of Thoroton, (born 19 November 1951) is a British Labour peer and barrister who served as Lord Chancellor and Secretary of State for Justice under Prime Minister Tony Blair from 2003 to 2007.
Born in ...
, never performed such a role, even before his right to do so was abolished.
When peers
had the right to be tried for felonies or for high treason by other peers in the House of Lords (instead of commoners on
juries
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England dur ...
), the lord high steward, instead of the lord chancellor, would preside. This also occurred in impeachment trials. The office of lord high steward has generally remained vacant since 1421. Whenever a peer was to be tried in the House of Lords, a lord high steward would be appointed ''pro hac vice'' [for this occasion]. In many cases, the lord chancellor would merely be elevated to the office of lord high steward temporarily. Trials of peers in the House of Lords were abolished in 1948, and impeachment is considered obsolete, so this is unlikely to occur again.
The judicial functions of the lord chancellor (as opposed to his role in the administration of the court system) were removed by the Constitutional Reform Act 2005.
Presiding officer in House of Lords
The lord chancellor used to be the presiding officer of the House of Lords by time immemorial, right of prescription. The
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 (c 4) is an Act of the Parliament of the United Kingdom, relevant to UK constitutional law. It provides for a Supreme Court of the United Kingdom to take over the previous appellate jurisdiction of the Law Lo ...
removed this function, leaving the choice of a presiding officer to the House of Lords itself. Ultimately, the Lords chose to elect a lord speaker, which title was already used in the Standing Orders.
Precedence and privileges
The lord high chancellor outranks all other great officers of state with the exception of the lord high steward, which has generally been vacant since the 15th century. Under modern conventions, the office of lord high steward is only filled on the day of a new monarch's coronation; thus, at all other times, the lord chancellor remains the highest ranking great officer. The importance of the office is reflected by the Treason Act 1351, which makes it high treason to slay the lord chancellor. A lord high treasurer would be entitled to the same protection—but the office is now held in commission—as would a judge whilst actually in court, determining a case.
The lord chancellor's position in the modern Orders of precedence in the United Kingdom, order of precedence is an extremely high one; generally being outranked only by the British Royal Family, royal family and high ecclesiastics. In England, the lord chancellor precedes all non-royal individuals except the archbishop of Canterbury. In Scotland, they precede all non-royal individuals except the lord high commissioner to the General Assembly of the Church of Scotland. Although lord chancellor "of Great Britain", they maintain a position in the order of precedence in Northern Ireland; there, they outrank all non-royal individuals with the exception of the Anglican and Roman Catholic Primate of All Ireland, archbishops of Armagh, the Anglican and Roman Catholic Primate of Ireland, archbishops of Dublin and the moderator of the Presbyterian Church in Ireland. Throughout the United Kingdom, the lord chancellor technically outranks the prime minister, although the latter generally possesses more power. The precedence of a lord keeper of the Great Seal is equivalent to that of a lord chancellor. The precedence of lords commissioners of the Great Seal is much lower (see United Kingdom order of precedence).
The lord chancellor is entitled to an annual emolument of £227,736 and to an annual pension of £106,868. The lord chancellor's salary is higher than that of any other public official, including even the prime minister, although sometimes the officeholder may voluntarily decide to receive a reduced salary (recent holders have taken the salary of a secretary of state).
Official dress
The lord chancellor, on formal state occasions such as the State Opening of Parliament, wears legal court dress consisting of a black silk velvet cutaway tailcoat with cloth covered buttons, waistcoat and breeches worn with white shirt, lace stock and cuffs, black silk stockings and cut-steel buckled patent court shoes. Over this is worn a black silk damask robe of state with a long train trimmed with gold lace and frogging, with a black silk 'wig bag' attached to the flap collar at the back. A full-bottomed wig is worn and, in the past, a black tricorne hat.
When the lord chancellor sat in the Lords, they wore an undress version of court dress, consisting of the court dress but made of black superfine cloth rather than silk velvet, and over that a black silk robe with a train with the wig bag attached. The wig and tricorne was also worn.
Now that the lord chancellor is appointed from the Commons rather than the Lords, they wear a normal business suit and only wear full ceremonial dress for state occasions. There is an unofficial precedent that lord chancellors that do not have a legal background do not get to wear a wig.
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
(a qualified barrister) initially did not wear one but did so afterwards, as did his immediate successor, Kenneth Clarke (a barrister and Queen's Counsel);
Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party (UK), Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (United King ...
,
Michael Gove
Michael Andrew Gove (; born Graeme Andrew Logan, 26 August 1967) is a British politician serving as Secretary of State for Levelling Up, Housing and Communities and Minister for Intergovernmental Relations since 2021. He has been Member of Parli ...
, and
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped down ...
(none of whom have legal backgrounds) have not done so. Robert Buckland, Robert Buckland QC MP, continued the tradition of wearing the full court dress along with the full bottomed wig, as he is a
barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
. In 2019 at the wikt:Special:Search/approbation, Approbation of the new speaker of the Commons, Sir Lindsay Hoyle, he wore full court dress along with the full bottomed wig and a
tricorne
The tricorne or tricorn is a style of hat that was popular during the 18th century, falling out of style by 1800, though actually not called a "tricorne" until the mid-19th century. During the 18th century, hats of this general style were referr ...
.
Insignia
The historic insignia of the lord chancellor is a purse containing the Great Seal and a Ceremonial mace, mace.
The Elizabethan play Sir Thomas More (play), Sir Thomas More opens Scene II as follows: ''"Chelsea. A Room in More's House. A table being covered with a green carpet, a state cushion on it, and the Purse and Mace lying thereon, enter Sir Thomas More"''.
Reform
In the early 21st century, the Labour Party (UK), Labour government viewed it as untenable that all three political functions (executive, legislative and judicial) should be continued in the historical office of Lord Chancellor. In the Government's view, this infringed Montesquieu's principle of separation of powers which declared that no person should have access to all of the three political functions. The lord chancellor could exercise all three powers, and some, such as Quintin Hogg, Baron Hailsham of St Marylebone, Quintin, Lord Hailsham, often did so. The Labour Government also took the view that these powers were inconsistent with the European Convention on Human Rights.
However, proposals by the Second Blair ministry, Blair government simply to abolish the office met with opposition from those who felt that such an official was necessary to speak on the judiciary's behalf in
Cabinet
Cabinet or The Cabinet may refer to:
Furniture
* Cabinetry, a box-shaped piece of furniture with doors and/or drawers
* Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets
* Filing ...
, as well as from many who opposed the sudden abolition of such an ancient office. In 2003, Tony Blair chose his close friend and former flatmate Lord Falconer of Thoroton, Lord Falconer to be ''Lord Chancellor and
Secretary of State for Constitutional Affairs
The secretary of state for constitutional affairs was a secretary of state in the Government of the United Kingdom, with overall responsibility for the business of the Department for Constitutional Affairs. The position existed from 2003 to 200 ...
''. At the same time, he announced his intention to abolish the office of lord chancellor and to make many other constitutional reforms. After much surprise and confusion, it became clear that the ancient office of lord chancellor could not be abolished without an Act of Parliament. Thus Lord Falconer duly appeared the following day in the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
to carry out his duties from the Woolsack. The
Lord Chancellor's Department
The Lord Chancellor's Department was a United Kingdom government department answerable to the Lord Chancellor with jurisdiction over England and Wales.
Created in 1885 as the Lord Chancellor's Office with a small staff to assist the Lord Chancell ...
was, however, renamed the
Department for Constitutional Affairs
The Department for Constitutional Affairs (DCA) was a United Kingdom government department. Its creation was announced on 12 June 2003; it took over the functions of the Lord Chancellor's Department. On 28 March 2007 it was announced that the Dep ...
.
In January 2004, the Department of Constitutional Affairs published a concordat, outlining the division of authority between lord chancellor and Lord Chief Justice of England and Wales, lord chief justice and which was intended as the basis of reform. The Government introduced the Constitutional Reform Bill in the House of Lords in February 2004. The bill sought to abolish the office of lord chancellor, and to transfer its functions to other officials: legislative functions to a speaker of the House of Lords, executive functions to the secretary of state for constitutional affairs and judicial functions to the lord chief justice. The bill also made other constitutional reforms, such as transferring the judicial duties of the House of Lords to a supreme court. However, unlike the responsibilities of other secretaries of state, which can be transferred from one department to another by an order-in-council, several functions of the lord chancellor are linked to the office of lord chancellor as a matter of statute law. Those "protected functions" of the lord chancellor can only be transferred to other ministers by Act of Parliament.
As a consequence, it became clear that it was extremely difficult to simply "abolish" the office of lord chancellor.
In March 2004, however, the Lords upset the Government's plans by sending the bill to a Select committee (United Kingdom), Select committee. Although initially seen as a move to kill the bill, the Government and HM Opposition agreed to permit the bill to proceed through the parliamentary process, subject to any amendments made by the committee. On 13 July 2004, the House amended the Constitutional Reform Bill such that the title of lord chancellor would be retained, although the Government's other proposed reforms were left intact. Then, in November 2004, the Government introduced an amendment in the House of Lords, Lords which wholly removed references to the secretary of state for constitutional affairs, changing them to ones about the lord chancellor, with the positions of secretary of state and lord chancellor envisaged as being held by the same person. The final Constitutional Reform Act 2005, Constitutional Reform Act received royal assent on 24 March 2005 and the major transfers of the historical functions of the lord chancellor to others (such as the Lord Chief Justice of England and Wales, lord chief justice and lord speaker) were complete by mid-2006. However the lord chancellor and secretary of state for constitutional affairs remained a member of the Cabinet of the United Kingdom, Prime Minister's Cabinet, retaining most of the office's original statutory functions.
In May 2007, the Department of Constitutional Affairs was abolished and its functions were transferred to a newly created
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
which also took charge of certain responsibilities transferred from the Home Office. Lord Falconer retained the title, salary and office of lord chancellor, as well as being created the inaugural
Secretary of State for Justice
The secretary of state for justice, also referred to as the justice secretary, is a secretary of state in the Government of the United Kingdom, with responsibility for the Ministry of Justice. The incumbent is a member of the Cabinet of the Un ...
.
Prior to Tony Blair's premiership, were a person not a Peer of the Realm, peer to be appointed to the great offices of state, office of lord chancellor, he would be raised to the peerage upon appointment, though provision was made in 1539 for non-peers who are great officers of state to sit in between the benches in the House of Lords, House. With enactment of the Constitutional Reform Act 2005 and the subsequent separation of the roles of lord chancellor and speaker of the House of Lords, it is no longer necessary for the lord chancellor to be a peer or to have a legal background. In June 2007,
Jack Straw
John Whitaker Straw (born 3 August 1946) is a British politician who served in the Cabinet from 1997 to 2010 under the Labour governments of Tony Blair and Gordon Brown. He held two of the traditional Great Offices of State, as Home Secretary ...
Member of Parliament, MP was appointed lord chancellor and secretary of state for justice, thus becoming the first lord chancellor to be a member of the Commons, rather than the House of Lords or its predecessor, the Curia Regis, since Christopher Hatton in 1587.
Both Straw and his immediate successor, Ken Clarke, were barristers. In 2012
Chris Grayling
Christopher Stephen Grayling (born 1 April 1962) is a British Conservative Party (UK), Conservative Party politician and author who served as Secretary of State for Transport from 2016 to 2019. He has served as Member of Parliament (United King ...
became the first justice secretary without a legal background, in which he was followed by his three immediate successors. One of these,
Liz Truss
Mary Elizabeth Truss (born 26 July 1975) is a British politician who briefly served as Prime Minister of the United Kingdom and Leader of the Conservative Party from September to October 2022. On her fiftieth day in office, she stepped down ...
in 2016, became the first woman to serve as lord chancellor.
Fictional depictions
A fictional depiction of a lord chancellor occurs in ''Iolanthe'', the frequently-revived comic opera by W. S. Gilbert and Arthur Sullivan.
The lord chancellor is the central character in the work but is identified only by his title.
William Rehnquist, late Chief Justice of the United States, was inspired to add four golden stripes to the sleeves of his judicial robes after seeing the costume of the lord chancellor in a production of ''Iolanthe''. The current chief justice, John Roberts, has not continued the practice.
A fictional lord chancellor also appears in Charles Dickens' novel ''Bleak House'' (also identified only by title), presiding over the interminable chancery case of ''Jarndyce and Jarndyce''.
Anthony Trollope's Palliser novels feature a number of references to fictitious lord chancellors. The Liberal Lord Weazeling holds the office in the Liberal governments of Mildmay and Gresham in ''Phineas Finn'' and ''Phineas Redux''; the Conservative Lord Ramsden holds the position in the Duke of Omnium's coalition government in ''The Prime Minister (novel), The Prime Minister''. In Gresham's final government at the end of ''The Prime Minister'', the former Liberal Attorney General, Sir Gregory Grogram, is finally given the position, which he had desired for some time.
''King Hilary and the Beggarman'', a children's poem by A. A. Milne, relates the story of a fictional lord high chancellor, "Proud Lord Willoughby", who is dismissed for refusing to obey his king.
In David Gurr's thriller ''A Woman Called Scylla'', set in 1977, the main villain is an utterly ruthless and unscrupulous lord chancellor, who grossly abuses his many functions and powers in order to cover up his treason during the Second World War and as a stepping stone towards becoming prime minister. As the writer clearly states, this was not intended to refer to the actual holder of the office at the time of writing or at any other time.
The Lord Chancellor is portrayed by Preston Lockwood in “Rumpole and the Tap End” episode of the Rumpole of the Bailey TV series. He is shown making himself a necklace/chain of office from coloured paper clips, whilst reprimanding Judge Featherstone.
List of Lord Chancellors
See also
*Alienation Office
*List of Lord Chancellors and Lord Keepers
*List of Lord Chancellors of Scotland
*List of peerages created for Lord Chancellors and Lord Keepers
*Lord Privy Seal, Lord Keeper of the Privy Seal
References
Bibliography
* Steven Watson (author), Watson, Steven. "Figures on a Woolsack" ''History Today'' (Feb 1955) 5#2 pp 75–83.
** Watson, Steven. "Figures on a Woolsack part 2" ''History Today'' (Apr 1955) 55#4 pp 228–235
*
*
*
*[https://publications.parliament.uk/pa/ld200304/ldbills/030/2004030.htm House of Lords. (2003–2004). Bill 30 (Constitutional Reform Bill).]
*
{{British Monarchy Household
Lord Chancellors, *
1707 establishments in Great Britain
Constitution of the United Kingdom
Government of the United Kingdom
House of Lords
Judiciary of England and Wales
Ministerial offices in the United Kingdom