The Constituitional Reform Act 2005

Prior to the perfect right Act 2005, the role of the passkey Chancellor is rather controversial in the sense that his responsibilities were in engagement with the doctrine of separation of powers. This doctrine subjects that the power of the commonwealth has to be divided between the triad organs, namely the judicature, legislative assembly and executive. Each of the organs should operate independently and none lead become on the whole powerful. The ennoble Chancellor, who is the member of the cabinet, was the head of the administration and was entitled to sit in the household of nobles to hear the pant in cases. anyway that, he was the speaker of the House of victors, which is the legislative chamber. This conflict to the doctrine of separation of powers was seen to be incompatible with the freedom of the judiciary. The event that the passe-partout Chancellor was involved in all the three organs of government was said to be unsufferable since it contradict s with oblige 6 of the European Convention on kind-hearted Rights. This obligate is to ensure fair trial which requires that a stay moldiness be independent of the government. However, one could have surmise as to whether the Lord Chancellor, when sitting as a judge, would be crook against the government.

In light of the 2005 Act, although the Lord Chancellor stay a Cabinet minister whose responsibility is in liaison with the body of justice, he no longer sits as a judge hearing a case. Part 2 of the Constitutional Reform Act 2005 has modified the role of the Lord Chancellor. In locate of battle to be a ppointed as the Lord Chancellor, he or she n! eed not be a member of the House of Lords. Moreover, no legal qualifications or find is required. Jack Straw, who is a member of the House of Commons, was appointed to be the first Lord Chancellor under the 2005 Act. Before the identification of Jack Straw, Lord Falconer, who was thought to be the last Lord Chancellor, was appointed to be the Secretary of State for Constitutional Affairs. Besides that, the Lord...If you want to start up a full essay, order it on our website: BestEssayCheap.com

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