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Function and status of judges
The judiciary is the collective name given to the judges who
preside over the English courts. The main groups of judges are
as follows:
Lords
of Appeal in Ordinary
Lords
Justices of Appeal
Judges
of the High Court
Circuit judges
Recorders
The Lord Chancellor
Before going into detail regarding these various groups, it
is useful to consider the role of the Lord Chancellor. His position
within the British constitution is unique in that:
-He is a member of the Cabinet and the government, and therefore
holds office only during the lifetime of a government. As a
cabinet minister, he is usually a member of the political party
which commands a majority in Parliament, and to that extent
is a political figure.
-He is head of the judicial system and in this capacity he is
completely non-political. He is the senior judge of the House
of Lords in its judicial capacity, and often sits as such.
He is also nominal President of the Supreme Court, but in fact
never sits in the Court of Appeal, the High
Court or the Crown
Court.
It may be thought that there is some conflict of interest between
the various functions of the Lord Chancellor, and it is certainly
true that countries with written constitutions, such as the
USA, take great care to ensure that there is a ‘separation
of powers’, that is, that the same people do not exercise
executive (or governmental), legislative, and judicial powers.
The combination of such powers in the Lord Chancellor cannot
be defended on logical grounds, but it can be asserted without
hesitation that the Lord Chancellor, to whichever political
party he belongs, never allows political considerations to affect
his judicial functions, especially his main function of recommending
persons for appointment as judges.
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Solicitors Barristers and Lawyers
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An A-Z of solicitors based in England and Wales, dealing with
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