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The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century.
Peerages in the United Kingdom form a legal system comprising both hereditary and lifetime titles, composed of various ranks, and within the framework of the Constitution of the United Kingdom form a constituent part of the legislative process and the British honours system. The British monarch is considered the fount of honour and is notionally the only person who can grant peerages, though there are many conventions about how this power is used, especially at the request of the British government. The term peerage can be used both collectively to refer to the entire body of titled nobility, and individually to refer to a specific title. British peerage title holders are termed peers of the Realm.
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 entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers.
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
The following is the order of precedence in England and Wales as of December 2024. Separate orders exist for men and women.
The Court of Session is the highest national court of Scotland in civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union establishing the United Kingdom provided that the court will "remain in all time coming".
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
In the United Kingdom, life peers are appointed members of the peerage whose titles cannot be inherited, in contrast to hereditary peers. Life peers are appointed by the monarch on the advice of the prime minister. With the exception of the Dukedom of Edinburgh awarded for life to Prince Edward in 2023, all life peerages conferred since 2009 have been created under the Life Peerages Act 1958 with the rank of baron and entitle their holders to sit and vote in the House of Lords, presuming they meet qualifications such as age and citizenship. The legitimate children of a life peer appointed under the Life Peerages Act 1958 are entitled to style themselves with the prefix "The Honourable", although they cannot inherit the peerage itself. Prior to 2009, life peers of baronial rank could also be so created under the Appellate Jurisdiction Act 1876 for senior judges.
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest appellate court for most domestic matters.
The Appellate Jurisdiction Act 1876 was an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords by allowing senior judges to sit in the House of Lords as life peers with the rank of baron, known as Lords of Appeal in Ordinary. The first person to be made a law lord under its terms was Sir Colin Blackburn on 16 October 1876, who became Baron Blackburn.
The Constitutional Reform Act 2005 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 Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of the House of Lords and Head of the Judiciary of England and Wales from the office of Lord Chancellor.
The Supreme Court of the United Kingdom 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 United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
Donald Sage Mackay, Baron Mackay of Drumadoon, PC was a British judge of the Supreme Courts of Scotland, and a Lord Advocate, the country's senior Law Officer. He was also one of five additional Lords of Appeal in the House of Lords, where he sat as a crossbencher.
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled Senators of the College of Justice or Lords of Council and Session. Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.
Jane Bonham Carter, Baroness Bonham-Carter of Yarnbury is a British Liberal Democrat politician, and member of the House of Lords.
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom-wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.
Francis Xavier Joseph Russell, Baron Russell of Killowen, PC, known as Frank Russell was a British judge.
The Court of Appeal in Ireland was created by the Parliament of the United Kingdom of Great Britain and Ireland under the Supreme Court of Judicature Act (Ireland) 1877 as the final appellate court within Ireland, then under British rule. A last appeal from this court could be taken to the House of Lords in London.
References
Notes
- ↑ Former Lord Chief Justice.
- 1 2 3 4 5 Former Lord of the Appeal.
- 1 2 Former Second Senior Lord of Appeal.
- 1 2 3 4 Former Justice of the Supreme Court.
- 1 2 Former President of the Supreme Court.
- ↑ Former President of the Supreme Court.
- ↑ Former Deputy President of the Supreme Court.
Citations
- ↑ Statute Law Database
- ↑ UK Statute Law Database
- ↑ Son of William Watson, Baron Watson.
- ↑ Son of Charles Russell, Baron Russell of Killowen.
- ↑ Son of H. H. Asquith, 1st Earl of Oxford and Asquith.
- ↑ Son of Frank Russell, Baron Russell of Killowen.
- ↑ Son of James Keith, Baron Keith of Avonholm.
- ↑ Husband of Heather Brigstocke, Baroness Brigstocke.
- 1 2 3 4 5 6 7 8 9 10 Accordance with Section 1 of the House of Lords Reform Act 2014.
- ↑ House of Commons Disqualification Act 1975, Schedule 1, Part I
- ↑ Constitutional Reform Act 2005, section 137