The government has made changes with its Constitutional Reform Act on the House of Lords that has created a stir. Repeatedly in he past, certain groups had called on the House of Lords to properly exercise their duties and functions which may have cause the dissolution of its judicial function…
Download full paperFile format: .doc, available for editing
Download file to see previous pages
Today, the House's jurisdiction is limited to the hearing of appeals from the lower courts that are technically addressed to the Queen-in-Parliament. By constitutional convention these judges known as Lords of Appeal or Lords of Law hear the appeals. For several years we have heard of the deafening calls for reform and change in the highest court of this land which separates them from the second house of Parliament. The recent calls moved for the removal of the Lords of Appeal from the legislature which received full support and endorsement from the government on March 21, 2005 leading us all to believe that the Constitutional Reform Act, 20052, as a new system will reflect the independence of the judiciary from both the legislature and the executive. According to Thoroton3, the Judicial Committee would continue to exist and to undertake its work for various Commonwealth and overseas and dependent territory jurisdictions4. This has however created a constant stir that allows us to see how the Lords have fared in the last 25 years in the exercise of their duties and responsibilities which concerns every citizen in the society as a whole.
Undeniably, the continuing dissatisfaction over the last 30 years on the performance of the House of Lords, has put into question their credibility and independence. Certain motivational factors that may have affected this change has created furor especially in their capacity to handle cases and effectively carry out their function. We try to entertain these motivational factors as the basis for this study that aims to look into the important aspect of their decision-making. More importantly we will look into the ratio and length of judgment in comparison with their collective judgments rendered that would reflect their capacity to handle a fair trial.
Based on the total number of cases, we used the common method of random sampling to arrive at and identify at least 5 cases per year as a basis from this evaluation from 1975-2000.
The emergence of the constitutional reform act has set to obtain the government's motivation for the reform act. Clearly it has set to remove the Law Lords' ability to act as both a government minister and a judge. According to the House Common Bill of Rights5, this is motivated in part by concerns that the historical admixture of legislative, judicial, and executive power, may not be in conformance with the requirements of the European Convention on Human Rights. Robertson 1998 has analyzed and branded concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Very close attention is paid to the different approaches and styles of their judicial argument. Munday6 has also explained the certain application of coming to one single realization among 5 judges to arrive at 1 conclusion and gives a lot of room for unfair judgment. Robertson7 has expressed that Law Lords enjoy and fully utilise far more discretion in their judgments than is normally admitted, and that much depends on exactly which judges happen to hear a case.
Data Interpretation and Analysis
In a convention, it was decided that the office of Senior Law Lord was automatically assumed
...Download file to see next pagesRead More
Cite this document
(“House of Lords Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
House of Lords Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/politics/1523341-house-of-lords
(House of Lords Essay Example | Topics and Well Written Essays - 1250 Words)
House of Lords Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/politics/1523341-house-of-lords.
“House of Lords Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/politics/1523341-house-of-lords.
This paper shall focus on the second chamber and look into the changes in its composition and powers brought about by legislation between the years 1911 and 1999. The House of Lords that we know today trace is origins back to the 11th century. Anglo-Saxon Kings regularly consult with Witans or Witenagemots, which is composed of religious leaders, the King’s ministers, feudal landowners and magnates.
This paper therefore analyses how the two Acts have contributed to the reduction of the Powers of the House of Lords. Much emphasis is placed on the provision of each of these Acts and how each of them contributed to this task. With reference to the Act of Parliament 1911, the UK parliament deprived the House of Lords of its absolute power of veto on legislation.
The Labour party manifesto of 2005 claimed that one of governments initiatives would be a further reform of the House of Lords. In particular, the Manifest stated, "we will remove the remaining hereditary peers and allow a free vote on the composition of the house" (P.
Further we suggest that the decision in Midland Bank plc v Cooke  does not determine acquisition criteria, but rather quantum of beneficial interest.
The Lloyds Bank v Rosset  1 AC 107 case indicated that failing an express common intention, an intention to share ownership may be inferred from the conduct of the parties.
By 13th century, attendance included representatives of counties, cities and boroughs. With time two distinct houses emerged. One, the lower house, was composed of shire and borough representatives which was called the House of Commons: the other, made up of religious leaders (Lords Spiritual) and magnates (Lord Temporal), became known as the upper house, called the House of Lords.
The House of Commons has elected representatives headed by the Prime Minister. Members of the house are elected for a limited term. Members of House of Lords are non elected and serve for life, barring Bishops and Archbishops of Church of England. The
The House of Lords decision in R v G 3 has been heralded by some as closing “one of the less distinguished chapters of the common law” with regard to the definition of recklessness and the focus of this analysis is to critically evaluate the impact of the
The research has identified that the Lords Spiritual are made up of the Archbishops of Canterbury and of York, the Bishops of London, Durham, and Winchester as well as specific bishops of the Church of England. The Lords Temporal are made up of hereditary Peers elected under Standing Orders, life Peers, Law Lords, the Earl Marshal, and the Lord Great Chamberlain.
The amendments and bills are proposed into either of the Houses. People from House of Lords may also be part of the Cabinet. House of Lords also holds the power of delivering Speech from the Throne. The Lords Spiritual Church Measures must also be
ained by the constitution at the extent of influence the parliament, the House of Commons, and the government at large (Blom-Cooper, Dickson, B, & Drewry, 2009, p. 41). Further, the implementation of the Supreme Court was a blow to the roles played by the chamber. The following
3 Pages(750 words)Essay
GOT A TRICKY QUESTION? RECEIVE AN ANSWER FROM STUDENTS LIKE YOU!
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"House of Lords"
with a personal 20% discount.