| This article is about the British House of Lords.For other uses, see House of Lords (disambiguation).Using inline citations helps guard against copyright violations and factual inaccuracies.The House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords".The Parliament comprises the Sovereign, the House of Commons (which is the lower house of Parliament and referred to as "the Commons"), and the Lords.In Parliament the members of the 751 seat House of Lords currently outnumber the members of the 646 seat House of Commons.The full, formal style of the House of Lords is The Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.The formal style of individual members of the House of Lords is The Right Honourable the Lord X (of Y).See Reform of the House of Lords.However, the House of Lords, being the upper legislative chamber, rejected this proposal and voted for an entirely appointed House of Lords.History
Parliament developed from the council that advised the King during medieval times.The first Parliament is often considered to be the "Model Parliament" (held in 1295), which included archbishops, bishops, abbots, earls, barons, and representatives of the shires and boroughs.The power of Parliament grew slowly, fluctuating as the strength of the monarchy grew or declined.Crown weak, and the shire and borough representatives entirely powerless.In 1322, the authority of Parliament was for the first time recognised not simply by custom or royal charter, but by an authoritative statute, passed by Parliament itself.Further developments occurred during the reign of Edward II's successor, Edward III.Most importantly, it was during this King's reign that Parliament clearly separated into two distinct chambers: the House of Commons (consisting of the shire and borough representatives) and the House of Lords (consisting of the senior clergy and the nobility).The Lords were far more powerful than the Commons because of the great influence of the aristocrats and prelates of the realm.The power of the nobility suffered a decline during the civil wars of the late fifteenth century, known as the Wars of the Roses.Moreover, feudalism was dying, and the feudal armies controlled by the barons became obsolete.The House of Lords remained more powerful than the House of Commons, but the Lower House did continue to grow in influence, reaching a zenith in relation to the House of Lords during the middle 17th century.The House of Lords was reduced to a largely powerless body, with Cromwell and his supporters in the Commons dominating the Government.House of Lords is useless and dangerous to the people of England."The House of Lords did not assemble again until the Convention Parliament met in 1660 and the monarchy was restored.An important vote: the House of Lords voting for the 1911 Parliament Act.The 19th century was marked by several changes to the House of Lords.The House, once a body of only about 50 members, had been greatly enlarged by the liberality of George III and his successors in creating peerages.The individual influence of a Lord of Parliament was thus diminished.Moreover, the power of the House as a whole experienced a decrease, whilst that of the House of Commons grew.Some aristocrats were patrons of numerous "pocket boroughs", and therefore controlled a considerable part of the membership of the House of Commons.When, in 1831, the House of Commons passed a Reform Bill to correct some of these anomalies, the House of Lords rejected the proposal.The popular cause of reform, however, was not abandoned by the ministry, despite a second rejection of the bill in the Lords in 1832.William IV originally baulked at the proposal, which effectively threatened the opposition of the House of Lords, but at length relented.Before the new peers were created, however, the Lords who opposed the bill admitted defeat, and abstained from the vote, allowing the passage of the bill.The crisis damaged the political influence of the House of Lords, but did not altogether end it.The status of the House of Lords returned to the forefront of debate after the election of a Liberal Government in 1906.In 1909, the Chancellor of the Exchequer, David Lloyd George, introduced into the House of Commons the "People's Budget", which proposed a land tax targeting wealthy landowners.The popular measure, however, was defeated in the heavily Conservative House of Lords.Asquith then proposed that the powers of the House of Lords be severely curtailed.After a general election in December 1910, the Asquith Government secured the passage of a bill to curtail the powers of the House of Lords.The Parliament Act 1911 effectively abolished the power of the House of Lords to reject legislation, or to amend in a way unacceptable to the House of Commons: most bills could be delayed for no more than three parliamentary sessions or two calendar years.Neither party, however, pursued the matter with much enthusiasm, and the House of Lords remained primarily hereditary.In 1949, the Parliament Act reduced the delaying power of the House of Lords further to two sessions or one year.In 1958, the predominantly hereditary nature of the House of Lords was changed by the Life Peerages Act 1958, which authorised the creation of life baronies, with no numerical limits.In 1968, the Labour Government of Harold Wilson attempted to reform the House of Lords by introducing a system under which hereditary peers would be allowed to remain in the House and take part in debate, but would be unable to vote.This plan, however, was defeated in the House of Commons by a coalition of traditionalist Conservatives (such as Enoch Powell) and Labour members who advocated the outright abolition of the Upper House (such as Michael Foot).When Michael Foot attained the leadership of the Labour Party, abolition of the House of Lords became a part of the party's agenda; under Neil Kinnock, however, a reformed Upper House was proposed instead.In the meantime, the creation of hereditary peerages (except for members of the Royal Family) has been arrested, with the exception of three creations during the administration of the Conservative Margaret Thatcher in the 1980s.The Labour Party's return to power in 1997 under Tony Blair finally heralded the reform of the House of Lords.The Labour Government introduced legislation to remove all hereditary peers from the Upper House as the first step in Lords reform.As a part of a compromise, however, it agreed to permit 92 hereditary peers to remain until the reforms were complete.The remainder of the hereditary peers were removed under the House of Lords Act 1999 (see below for its provisions), making the House of Lords predominantly an appointed house.Lords, but this plan was widely criticised.This proposal was also not implemented.At the 2005 election, the Labour Party proposed further reform of the Lords, but without specific details.Second Chamber, while the Liberal Democrats called for a fully elected Senate.Lords reform, with the aim of reaching a consensus: its findings were published in early 2007.Significantly this last vote represented an overall majority of MPs, giving it huge political authority.But this was nevertheless only an indicative vote and many political and legislative hurdles remained to be overcome for supporters of an elected second chamber.Members of the House of Lords who sit by virtue of their ecclesiastical offices are known as Lords Spiritual.Formerly, the Lords Spiritual were the majority in the House of Lords, including the Church of England's archbishops, diocesan bishops, abbots, and priors.In 1642, during the English Civil War, the Lords Spiritual were excluded altogether, but they returned under the Clergy Act 1661.The Church of Ireland did obtain representation in the House of Lords after the union of Ireland and Great Britain in 1801.Of the Church of Ireland's ecclesiastics, four (one archbishop and three bishops) were to sit at any one time, with the members rotating at the end of every parliamentary session (which normally lasted approximately one year).The Church of Ireland, however, was disestablished in 1871, and ceased to be represented by Lords Spiritual.The same is true for the Church in Wales which was disestablished in 1920.Other ecclesiastics have sat in the House of Lords in recent times: Immanuel Jakobovits, was appointed to the House of Lords with the consent of the Queen, who acted on the advice of Prime Minister Margaret Thatcher while he was Chief Rabbi.There have been no Roman Catholic clergymen appointed, though it was rumoured that Cardinal Basil Hume was offered a peerage, but refused, and accepted instead the Order of Merit, a personal appointment of the Queen, shortly before his death.Lords Temporal
Since the Dissolution of the Monasteries, the Lords Temporal have been the most numerous group in the House of Lords.Originally, the Lords Temporal included several hundred hereditary peers (that is, those whose peerages may be inherited), who ranked variously as dukes, marquesses, earls, viscounts, and barons.Reforms enacted in 1999 (see above) caused several hundred hereditary peers to lose their seats in the House of Lords.The House of Lords Act 1999 provides that only 92 individuals may continue to sit in the Upper House by virtue of hereditary peerages.Two hereditary peers remain in the House of Lords because they hold hereditary offices connected with Parliament: the Earl Marshal and the Lord Great Chamberlain.Of the remaining 90 hereditary peers in the House of Lords, 15 are elected by the whole House.House of Lords, grouped by party.The number of peers to be chosen by a party reflects the proportion of hereditary peers that belongs to that party (see current composition below).Alternative Vote system being used.If the recently deceased hereditary peer was elected by the whole House, then so is his or her replacement; a hereditary peer elected by a specific party is replaced by a vote of elected hereditary peers belonging to that party (whether elected as part of that party group or by the whole house).The Lords Temporal also include the Lords of Appeal in Ordinary, a group of individuals appointed to the House of Lords so that they may exercise its judicial functions.Lords of Appeal in Ordinary, more commonly known as Law Lords, were first appointed under the Appellate Jurisdiction Act 1876.Lord of Appeal in Ordinary must retire at the age of 70, or, if his or her term is extended by the government, at the age of 75; after reaching such an age, the Law Lord cannot hear any further legal cases.The number of Lords of Appeal in Ordinary (excluding those who are no longer able to hear cases because of age restrictions) is limited to twelve, but may be changed by statutory instrument.Lords of Appeal in Ordinary hold seats in the House of Lords for life, remaining members even after reaching the retirement age of 70 or 75.Former Lord Chancellors and holders of other high judicial office may also sit as Law Lords under the Appellate Jurisdiction Act, although in practice this right is infrequently exercised.After the coming into force of the Constitutional Reform Act 2005, the Lords of Appeal in Ordinary will become judges of the Supreme Court of the United Kingdom and will be barred from sitting or voting until they retire as judges.The largest group of Lords Temporal, and indeed of the whole House, are life peers.Life peers with seats in the House of Lords rank only as barons or baronesses, and are created under the Life Peerages Act 1958.Like all other peers, life peers are created by the Sovereign, who acts on the advice of the Prime Minister.By convention, however, the Prime Minister allows leaders of other parties to select some life peers so as to maintain a political balance in the House of Lords.Prime Minister) are nominated by an independent House of Lords Appointments Commission.If an hereditary peer also holds a life peerage, he or she remains a member of the House of Lords without a need for an election."People's Peers" for life peerages.When Scotland united with England to form Great Britain in 1707, it was provided that the Scottish hereditary peers would only be able to elect 16 representative peers to sit in the House of Lords; the term of a representative was to extend until the next general election.Elections for Irish representatives ended in 1922, when most of Ireland became an independent state; elections for Scottish representatives ended with the passage of the Peerage Act 1963, under which all Scottish peers obtained seats in the Upper House.Qualifications
Several different qualifications apply for membership of the House of Lords.No person may sit in the House of Lords if under the age of 21.Furthermore, only Commonwealth citizens and citizens of the Republic of Ireland may sit in the House of Lords.House of Lords if he or she is the subject of a Bankruptcy Restrictions Order (applicable in England and Wales only), or if he or she is adjudged bankrupt (in Northern Ireland), or if his or her estate is sequestered (in Scotland).House of Lords until completing his or her full term of imprisonment.Women were excluded from the House of Lords until the Life Peerages Act, passed in 1958 to address the declining number of active members, facilitated the creation of peerages for life.Women were immediately eligible and four were among the first life peers appointed.However, hereditary peeresses, whose existence had long been a constitutional anomaly, continued to be excluded until the passage of the Peerage Act 1963.Since the passage of the House of Lords Act 1999, hereditary peeresses remain eligible for election to the Upper House; there are three among the 92 hereditary who continue to sit.All women in the House of Lords are amongst the Lords Temporal; the Church of England does not permit the consecration of female bishops.Officers
Traditionally the House of Lords did not elect its own speaker, unlike the House of Commons; rather, the ex officio presiding officer was the Lord Chancellor.As the Speaker is expected to be an impartial presiding officer, Baroness Hayman has resigned from the Labour Party.This reform of the post of Lord Chancellor was made due to the perceived constitutional anomalies inherent in the role.The Lord Chancellor was not only the Speaker of the House of Lords, but also a member of the Cabinet; his or her department, formerly the Lord Chancellor's Department, is now called the Department for Constitutional Affairs.Thus, the Lord Chancellor was part of all three branches of government: the legislative, the executive, and the judicial.The overlap of the legislative and executive roles is a characteristic of the Westminster system, as the entire cabinet consists of members of the House of Commons or the House of Lords; however, in June 2003, the Blair Government announced its intention to abolish the post of Lord Chancellor because of the office's mixed executive and judicial responsibilities.The abolition of the office was rejected by the House of Lords, and the Constitutional Reform Act 2005 was thus amended to preserve the office of Lord Chancellor.The Act no longer guarantees that the office holder of Lord Chancellor is the presiding officer of the House of Lords, and therefore allows the House of Lords to elect a speaker of their own.The Lord Chancellor wore black and gold robes whilst presiding over the House of Lords.The Lord Speaker may be replaced as presiding officer by one of his or her deputies.The Chairman of Committees, the Principal Deputy Chairman of Committees, and several Deputy Chairmen of Committees are all deputies to the Lord Speaker, and are all appointed by the House of Lords itself.By custom, the Crown appoints each Chairman, Principal Deputy Chairman, or Deputy Chairman to the additional office of Deputy Speaker of the House of Lords.There was previously no legal requirement that the Lord Chancellor or a Deputy Speaker be a member of the House of Lords, though the same has long been customary; thus the Woolsack upon which the Lord Chancellor sat was notionally not in the House of Lords, although situated in the middle of it.Whilst presiding over the House of Lords, the Lord Chancellor traditionally wore ceremonial black and gold robes.When the House of Lords resolves itself into committee (see below), the Chairman or a Deputy Chairman presides, not from the Woolsack, but from a chair at the Table of the House.He or she only acts as the mouthpiece of the House, performing duties such as announcing the results of votes.Madam Speaker", in the House of Lords they are directed to "My Lords", i.Another officer of the body is the Leader of the House of Lords, a peer selected by the Prime Minister.The Leader of the House is responsible for steering Government bills through the House of Lords, and is a member of the Cabinet.The Clerk of the Parliaments is the chief clerk and officer of the House of Lords (but is not a member of the House itself).The Clerk, who is appointed by the Crown, advises the presiding officer on the rules of the House, signs orders and official communications, endorses bills, and is the keeper of the official records of both Houses of Parliament.The deputies of the Clerk of the Parliaments (the Clerk Assistant and the Reading Clerk) are appointed by the Lord Speaker, subject to the House's approval.The Gentleman Usher of the Black Rod is also an officer of the House; he takes his title from the symbol of his office, a black rod.Black Rod (as the Gentleman Usher is normally known) is responsible for ceremonial arrangements, is in charge of the House's doorkeepers, and may (upon the order of the House) take action to end disorder or disturbance in the Chamber.Arms of the House of Lords, and in this capacity attends upon the Lord Speaker.Benches in the House of Lords Chamber are coloured red.The House of Lords and the House of Commons assemble in the Palace of Westminster.Benches in the Lords Chamber are coloured red; thus, the House of Lords is sometimes referred to as the "Red Chamber".The Woolsack is at the front of the Chamber; supporters of the Government sit on benches on the right of the Woolsack, whilst members of the Opposition sit on the left.During the State Opening, the Sovereign, seated on the Throne in the Lords Chamber and in the presence of both Houses of Parliament, delivers a speech outlining the Government's agenda for the upcoming parliamentary session.In the House of Lords, members need not seek the recognition of the presiding officer before speaking, as is done in the House of Commons.Often, however, the Leader of the House will suggest an order, which is thereafter generally followed.Speeches in the House of Lords are addressed to the House as a whole ("My Lords") rather than to the presiding officer alone (as is the custom in the Lower House).Speeches are not subject to any time limits in the House; however, the House may put an end to a speech by approving a motion "that the noble Lord be no longer heard".It is also possible for the House to end the debate entirely, by approving a motion "that the Question be now put".This procedure is known as Closure, and is extremely rare.The presiding officer then announces the result of the voice vote, but if his assessment is challenged by any Lord, a recorded vote known as a division follows.Content" lobby) on either side of the Chamber, where their names are recorded by clerks.At each lobby are two Tellers (themselves members of the House) who count the votes of the Lords.Once the division concludes, the Tellers provide the results thereof to the presiding officer, who then announces them to the House.If there is an equality of votes, the motion is decided according to the following principles: legislation may proceed in its present form, unless there is a majority in favour of amending or rejecting it; any other motions are rejected, unless there is a majority in favour of approving it.The quorum of the House of Lords is just three members for a general or procedural vote, and 30 members for a vote on legislation.If fewer than three or 30 members (as appropriate) are present, the division is invalid.Committees
The Parliament of the United Kingdom uses committees for a variety of purposes; one common use is for the review of bills.In the House of Lords, the committee most commonly used for the consideration of bills is the Committee of the Whole House, which, as its name suggests, includes all members of the House.The Committee meets in the Lords Chamber, and is presided over not by the Lord Speaker, but by the Chairman of Committees or a Deputy Chairman.Similar to the Committee of the Whole House are the Grand Committees, bodies in which any member of the House may participate.No divisions are held in Grand Committees, and any amendments to the bill require the unanimous consent of the body.Special Public Bill Committee, which, unlike the Public Bill Committee, has the power to hold hearings and collect evidence.These committees are used much less frequently than the Committee of the Whole House and Grand Committees.The House of Lords also has several Select Committees.The members of these committees are appointed by the House at the beginning of each session, and continue to serve until the next parliamentary session begins.The House of Lords may appoint a chairman for a committee; if it does not do so, the Chairman of Committees or a Deputy Chairman of Committees may preside instead.Most Select Committees are permanent, but the House may also establish ad hoc committees, which cease to exist upon the completion of a particular task (for instance, investigating the reform of the House of Lords).The committee system of the House of Lords also includes several Domestic Committees, which supervise or consider the House's procedures and administration.The House of Lords meets in a lavishly decorated chamber in the Palace of Westminster (above).Most legislation may be introduced in either House, but, most commonly, is introduced in the House of Commons.Further information: Act of Parliament
The power of the Lords to reject a bill passed by the House of Commons is severely restricted by the Parliament Acts.Under those Acts, certain types of bills may be presented for the Royal Assent without the consent of the House of Lords.The House of Lords cannot delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month.Other public bills cannot be delayed by the House of Lords for more than two parliamentary sessions, or one calendar year.Salisbury Convention, which means that the House of Lords does not oppose legislation promised in the Government's election manifesto.By a custom that prevailed even before the Parliament Acts, the House of Lords is further restrained insofar as financial bills are concerned.The House of Commons, however, often waives its privileges and allows the Upper House to make amendments with financial implications.Moreover, the Upper House may not amend any Supply Bill.The House of Lords formerly maintained the absolute power to reject a bill relating to revenue or Supply, but this power was curtailed by the Parliament Acts, as aforementioned.Hence, as the power of the House of Lords has been severely curtailed by statute and by practice, the House of Commons is clearly the more powerful chamber of Parliament.The judicial functions of the House of Lords originate from the ancient role of the Curia Regis as a body that addressed the petitions of the King's subjects.The judicial functions of the House of Lords are exercised not by the whole House, but by a committee of "Law Lords".The judicial functions may also be exercised by Lords of Appeal (other members of the House who happen to have held high judicial office).The judicial business of the Lords is supervised by the Senior Lord of Appeal in Ordinary and his or her deputy, the Second Senior Lord of Appeal in Ordinary.The jurisdiction of the House of Lords extends, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland.From Scotland, appeals are possible only in civil cases; Scotland's High Court of Justiciary is the highest court in criminal matters.The House of Lords is not the United Kingdom's only court of last resort; in some cases, the Privy Council performs such a function.The jurisdiction of the Privy Council in the United Kingdom, however, is narrower than that of the House of Lords; it encompasses appeals from ecclesiastical courts, issues related to devolution, disputes under the House of Commons Disqualification Act 1975, and a few other minor matters.Not all Law Lords sit to hear cases; rather, since World War II cases have been heard by panels known as Appellate Committees, each of which normally consists of five members (selected by the Senior Lord).No further appeal lies from the House of Lords, although the House of Lords may refer a "preliminary question" to the European Court of Justice in cases involving an element of European Union law, and a case can be brought at the European Court of Human Rights if the House of Lords does not provide a satisfactory remedy in cases where the European Convention on Human Rights is relevant.Impeachments were brought by the House of Commons, and tried in the House of Lords; a conviction required only a majority of the Lords voting.Similarly, the House of Lords was once the court that tried peers charged with high treason or felony.The House would be presided over not by the Lord Chancellor, but by the Lord High Steward, an official especially appointed for the occasion of the trial.If Parliament was not in session, then peers could be tried in a separate court, known as the Lord High Steward's Court.Only peers, their wives, and their widows (unless remarried) were entitled to trials in the House of Lords or the Lord High Steward's Court; the Lords Spiritual were tried in Ecclesiastical Courts.The Constitutional Reform Act 2005 will lead to the creation of a separate Supreme Court of the United Kingdom, to which the judicial function of the House of Lords, and some of the judicial functions of the Judicial Committee of the Privy Council, will be transferred.In addition, the office of Lord Chancellor has been reformed by the act, to remove his ability to act as both a government minister and a judge.The new Supreme Court will be located in Middlesex Guildhall.Relationship with the Government
Unlike the House of Commons, the House of Lords does not control the term of the Prime Minister or of the Government.Thus, the House of Lords' oversight of the government is limited.Most Cabinet ministers are from the House of Commons, rather than the House of Lords.In particular, all Prime Ministers since 1902 have been members of the Lower House.Home, who became Prime Minister in 1963 whilst still an Earl, disclaimed his peerage and was elected to the Commons soon after his term began.No major cabinet position (except Lord Chancellor and Leader of the House of Lords) has been filled by a peer since 1982, when Lord Carrington was the Foreign Secretary (Though Baroness Amos was briefly International Development Secretary until the death of Lord Williams of Mostyn in 2003).The House of Lords does remain a source for junior ministers, such as Lord Hunt of Kings Heath (Department of Health).House of Lords' Chairman of Committees, and another (Lord Willoughby de Broke) now sits as a UKIP member.House of Lords: Analysis of Composition in the House of Lords (2 December, 2007).The House of Lords: Its Parliamentary and Judicial Role.Companion to the Standing Orders and guide to the Proceedings of the House of Lords, 19th ed.Constitutional History of England since the Accession of George the Third, 11th ed.Longford, Frank Pakenham, 7th Earl of.History of the House of Lords.Erskine May: Parliamentary Practice, 23rd ed.Further reading
Harry Jones (1912).External links
official website
The Parliamentary Archives holds the historic records of the House of Lords."Special Report: House of Lords."House of Lords official website.The Parliament of the United Kingdom.This page was last modified 07:11, 15 December 2007.Henry II was another king who tended to ignore the advice of his barons.Under the leadership of Simon de Montfort, the barons rebelled.Norman French for talk).In 1275 Edward I called a meeting of Parliament.Edward invited representatives from every shire and town in England.Charles Barry and Augustus Welby Pugin.House of Lords an elected second chamber.United Kingdom, painted upon silk.It is a system of mental levelling.Unfortunately all of it is bad.The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom.Historically, the House of Lords also functioned as a court of first instance for the trials of peers and for impeachment cases.Today, the House's jurisdiction is essentially limited to the hearing of appeals from the lower courts.Constitution of the Lords
2.Historical development
Parliament's role in deciding litigation originates from the similar role of the Royal Court, where the King dispensed justice.Parliament grew out of the Court and took on many of its roles.As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in Scotland, the High Court of Justiciary remains the highest court in criminal matters.Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed.The House of Commons ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort.The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621.Edward Ewer, a persistent litigant, to be considered by the House of Lords.Petitions for the House of Lords to review the decisions of lower courts began to increase once again.The House of Lords appointed a Committee for Petitions.At first, the Clerk of the Parliaments would bring petitions to the House, and the whole House could decide if they should or should not be referred to the Committee.As the number of petitions increased, the Committee gained the power to reject petitions itself.Petitions to the House of Lords did not have to seek reversal of lower court judgments; often, petitions were brought directly to the Lords without prior consideration in the inferior judiciary.The practice of bringing cases directly to the Lords, however, ended with the case of Thomas Skinner v.Thomas Skinner had established a trading base in Asia while there were few restrictions on trade there; later, however, the base was seized by the British East India Company, which had been granted a monopoly.Notwithstanding the Company's protests, the House of Lords proceeded with the matter.The East India Company then petitioned the House of Commons, arguing that the acceptance of a case in the first instance by the Lords was "unusual" and "extraordinary."In 1670, Charles II requested both Houses to abandon the case.The House of Lords then ceased to hear petitions in the first instance, considering them only after the lower courts had failed to remedy them.Even after Skinner's Case was resolved, the House of Lords and House of Commons clashed over jurisdiction in 1675.The House of Commons felt that the upper House had breached its privileges by considering cases in which members of the House of Commons were defendants.Fagg (Sir John Fagg was a member of the Commons), the Commons warned the Lords to "have regard for their Privileges."After the Parliament reassembled in 1677, the cases involving members of the House of Commons were quietly dropped and neither House revisited the dispute.The question then arose as to whether or not appeals could be taken from Scottish Courts.The Articles provided that "no causes in Scotland be cognoscible by the courts of Chancery, Queen's Bench, Common Pleas or any other court in Westminster Hall; and that the said courts or any other of the like nature after the union shall have no power to cognosce, review or alter the acts or sentences of judicatures in Scotland, or stop the execution of the same."The Articles, however, were silent on appeals to the House of Lords.In 1709, the House ordered that no decree of the lower Scottish courts could be executed while an appeal was pending; that rule was reversed only by the Administration of Justice (Scotland) Act 1808, which provided that the lower Court could determine if the appeal justified the stay of the decree.In 1713, the House of Lords began to consider appeals from Scotland's highest criminal court, the High Court of Justiciary.Lord Advocate, the House recognised that prior to the Union, the High Court of Justiciary had been the court of last resort in Scottish criminal cases.The House agreed not to consider further Scottish criminal appeals.The judicial business of the House of Lords is now regulated by the Appellate Jurisdiction Act 1876.Generally, only important or particularly complex appeals come before the House of Lords.The Law Lords do not have the power to exercise judicial review over Acts of Parliament.This is a legal possibility, but politically very unlikely.In common with other courts in the European Union, however, they may refer points involving European Union law to the European Court of Justice.Martial Appeal Court, such declarations are considered so important that the question will almost inevitably be determined in the House of Lords on appeal.In civil cases, the House of Lords may hear appeals from the Court of Appeal of England and Wales, the Court of Appeal in Northern Ireland and the Scottish Court of Session.Alternatively, cases raising important legal points may leapfrog from the High Court of England and Wales or High Court in Northern Ireland.Leave (or permission) to appeal may be granted either by the court whose decision is appealed or the House of Lords itself.In addition to requiring permission to appeal, an appellant must also obtain a certificate from the lower court stating that a point of general public importance is involved, is required for the appeal to proceed.The effect of this is that, in criminal matters, the House of Lords cannot control its own docket.Appeals are not heard from the High Court of Justiciary.Permission to appeal may be granted by an Appeal Committee.The Committee consists of three Lords of Appeal or Lords of Appeal in Ordinary.Formerly, leave to appeal was unnecessary if two solicitors certified the reasonableness of the case.Scottish cases continue to come before the House of Lords in this manner (where two advocates certify the appeal as suitable), as 'leave to appeal' is not required in the Scottish legal system.An Appellate Committee, normally consisting of five Lords of Appeal in Ordinary or Lords of Appeal, hears the actual appeals.Seven Lords may sit in particularly important cases.Only four Appellate Committees have ever comprised nine members.Three of these have occurred since 2001.The determination of each Appellate Committee is normally final, but the House of Lords (in common with the Court of Appeal and High Court of England and Wales) retains an inherent jurisdiction to reconsider any of its previous decisions, this includes the ability to "vacate" that decision and make a new one.It is exceptional for the House of Lords to exercise this power, but a number of important cases such as Dimes v Grand Junction Canal (a seminal case on bias in England and Wales) proceeded in this way.House of Lords reconsidering an earlier decision occurred in 1999, when the judgment in the case on the extradition of the former Chilean dictator Augusto Pinochet was overturned on the grounds that one of the Lords on the committee, Lord Hoffmann, was a member of Amnesty International, a party involved in the case.The matter was reheard by a panel of seven Lords of Appeal in Ordinary.Formerly, appeals were heard in the House of Lords Chamber.The Lords would sit for regular sessions after four in the evening, and the judicial sessions were held prior to that time.During the Second World War, the Commons Chamber was bombed, so the Commons began to conduct their debates in the Lords Chamber.The judicial sessions of the House were temporarily moved to a Committee room, which escaped the noise of building repairs.The temporary move later became permanent, and appeals are still heard in Committee rooms.No judicial robes are worn by the judges during hearings.Appellate Committees may meet while Parliament is prorogued.Judgment is given in the main House of Lords Chamber during a full sitting.Only the Law Lords who served on the Appellate Committee speak, but other Lords are free to attend, although they rarely do so.After all five members of the Committee have spoken, the question is put to the House: "That the report from the Appellate Committee be agreed to."The House then votes on that question and on other questions related thereto; the decisions on these questions constitute the House's formal judgment.If the House of Lords is in recess, the Lord Chancellor or Senior Lord of Appeal in Ordinary may recall the House to give judgment.Judicial sittings may occur while Parliament is prorogued, and, with the authorisation of the Sovereign, dissolved.In the latter case, the meeting is not of the full House, but is rather of the Law Lords acting in the name of the full House.The Judicial Committee of the Privy Council, which includes the twelve Lords of Appeal in Ordinary as well as other senior judges in the Privy Council, has little domestic jurisdiction.The Judicial Committee's domestic jurisdiction is very limited, hearing only cases on the competency of the devolved legislatures in Scotland, Northern Ireland, and Wales.Precedents set in devolution cases, but not in other matters, are binding on all other courts, including the House of Lords.Trials
Formerly, the House of Lords constituted a court in certain trials, including trials of peers of the realm and impeachment cases.Peers of the Realm were formerly entitled to a trial in the House of Lords, just as commoners were entitled to trial by jury.Peers of Ireland were, after Union with Great Britain in 1801, entitled to be elected to the House of Commons, but during their service in the lower House their privileges, including the privilege of trial in the House of Lords, abated.Peeresses in their own right and wives or widows of peers were also entitled to trial in such a court, though they were themselves not members of the House of Lords.After the Grand Jury indicted a peer, the case was brought before the Court of King's Bench.If pardon was not pled, the House of Lords issued a writ of certiorari commanding the King's Bench Court to send the case up to it.The Lord High Steward presided, but the entire House could decide all legal, factual or procedural disputes.At the end, the Lords then voted, starting with the most junior Baron, and proceeding forward in order of precedence, ending with the Lord High Steward.While jurors voted on oath or affirmation, a Lord could vote upon his honour.If the House of Lords was not in session, the case would be referred to the Lord High Steward's Court.The last trial of peers in the House of Lords was in 1935, when Lord de Clifford was tried for motor manslaughter.Now, peers are tried by regular juries.The House of Lords also has the power to try impeachments.The House of Commons decides on "Articles of Impeachment," which are then brought before the House of Lords.Originally, the House of Lords held that it could try peers only upon impeachment.Normally, the Lord Chancellor presides at the trial.If, however, a peer is tried for high treason, the Lord High Steward presides.The House of Lords may decide the case by a simple majority.It is possible for the House of Commons to refuse to press for judgment, in which case the accused, though convicted, is not subjected to punishment.The accused may not, under the Act of Settlement 1701, plead a pardon to avoid trial in the House of Lords; the same rule does not apply in the lower courts.This practice differs from that of many other nations.For instance, in the United States, the President may not issue pardons in cases of impeachment.In the United Kingdom, however, the impeachment trial is like any other trial: the House of Lords may impose the same sentence as any lower court, and the Sovereign may pardon the individual convicted upon impeachment like any other convict.During the reign of the Lancastrians, impeachments were very frequent, but they reduced under the Tudors, when bills of attainder became the preferred method.During the reign of the Stuarts, impeachment was revived; Parliament used it as a tool against the King's ministers during a time when it felt it needed to resist the tyranny of the Crown.The last impeachment trials were of Warren Hastings from 1788 to 1795 and the Viscount Melville in 1806.Peerage claims
Disputes involving peerage claims were normally referred by the Crown to the House of Lords, perhaps because hereditary peers were, prior to the House of Lords Act 1999, members of that House.Theoretically, the Crown, as fount of honour, is entitled to decide all questions relating to peerage disputes.In practice, however, such decisions are made in contentious cases only after a reference is made to the House of Lords.Under modern procedure, the House of Lords refers the matter to the Committee for Privileges, which includes a number of Law Lords.The Law Lords are the ones who give opinions on the case, the other Lords normally concurring therein.The House of Lords then adopts the Committee's report and addresses the Sovereign, requesting the resolution of the case.The Sovereign then determines the issue as decided by the Privileges Committee.Appeals
At first, all members of the House of Lords could hear appeals.The last time that lay members of the House actually voted on a case was in 1834.The Lords later came close to breaching this convention a decade later, when the House was considering the case of Daniel O'Connell, an Irish politician.Under the Appellate Jurisdiction Act 1876, the Sovereign may nominate a number of Lords of Appeal in Ordinary to sit in the House of Lords.In practice, they are appointed on the advice of the Prime Minister (they are not covered by the recently established Judicial Appointments Commission).The original Act provided for the appointment of only two Lords of Appeal in Ordinary, but now, twelve may be appointed; the number may be raised by a Statutory Instrument approved by both Houses of Parliament.Lords of Appeal in Ordinary are often called upon to chair important public inquiries, such as the recent Hutton inquiry.Since 1984, however, the Senior and Second Senior Lords are appointed independently.Lords of Appeal in Ordinary are joined by a number of Lords of Appeal.The Lords of Appeal are individuals who are already members of the House of Lords under other Acts (including the Life Peerages Act 1958 and the House of Lords Act 1999) who hold or have held high judicial office.High judicial officers include judges of the Court of Appeal of England and Wales, the Inner House of the Court of Session and the Court of Appeal in Northern Ireland.Additionally, a Lord of Appeal in Ordinary who has reached the age of seventy may become a Lord of Appeal.Thus, Lords of Appeal in Ordinary cease to be paid at the time they cease to hold office and become Lords of Appeal.The Lord Chief Justice of England and Wales are the only judicial figure who receives a higher salary.Trials
The Lord High Steward presided over the House of Lords in trials of peers, and also in impeachment trials when a peer was tried for high treason; otherwise, the Lord High Chancellor presided.The post of Lord High Steward was originally hereditary, held by the Earls of Leicester.Edmund Crouchback, but it later merged in the Crown.The position was created again, but its holder died without heirs in 1421, and the post has since been left vacant.Often, when a Lord High Steward was necessary for trials of peers, the Lord Chancellor was appointed to the post.The Lord High Steward merely presided at trials, and the whole House could vote.The position of the Lords Spiritual (the Archbishops and Bishops of the Church of England with seats in the House), however, was unclear.The Lords Spiritual, though members of the House, were not considered "ennobled in blood" like the temporal peers.Peerage claims
Disputes over peerage claims are considered before the House of Lords Committee for Privileges.That Committee includes the Chairman of Committees and fourteen other Lords.In hearing peerage claims, at least three Law Lords must be present in order to maintain a quorum.Reform
In 1873, the Government introduced a bill to abolish the judicial role of the House of Lords in English cases (Scottish and Irish appeals were to be preserved).The bill passed, and was to come into force in November of 1874.Before that date, however, the Liberal Government of William Ewart Gladstone fell.The relevant provisions of the bill were repealed, and the jurisdiction of the House of Lords came to be regulated under the Appellate Jurisdiction Act 1876.Under that Act, appeals are no longer brought in the form of petitions.There have been concerns related to the role of the House of Lords as a judicial body.Jones (1974 to 1979) on eight days, Lord Havers (1987) never, Lord Mackay of Clashfern (1987 to 1997) on sixty days and Lord Irvine of Lairg (1997 to 2003) on eighteen days.The most recent former Lord Chancellor, Lord Falconer of Thoroton, decided not to sit judicially at all and under the Constitutional Reform Act 2005 is no longer a judge.In fiction
The 1949 movie Kind Hearts and Coronets, set around 1900, depicts trial of a peer by the House of Lords.Dorothy Sayers's Lord Peter Wimsey book, Clouds of Witness, depicts trial of a peer (Wimsey's brother) by the House of Lords.References
"The Appellate Jurisdiction of the House of Lords."This page was last modified 10:06, 9 December 2007."Are you sure you want to block this user?Ken Mary (drums)
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Joined laterInfluencesa:link img a:visited img a:hover img body Table, Td table table td table table table table td table table table table table table table .Small:visited a, a:link, a:visited, a.Happy and great New Year!!This project has been made with great enthusiasm.Thank for your support !Hello 'House of Lords'..Hugs fr: Helene in Calgary,AB.First off, Merry Christmas everyone!Second, I can't believe I just now got the new HOL CD and it kicks ass!Hello,Santa told me he won't come to your house this year coz he's too busy :))SANTAS CHRISTMAS LOUNGE Have a rocking Christmas and a rolling new year.Wish you the best for 2008.Hi, House of Lords!MERRY CHRISTMAS AND A HAPPY NEW YEAR !"Urgent Security Alert","Warning: You are submitting information to an outside site.From The Economist print edition
AMONG the quirks that make the House of Lords such a delightful place, the difficulty of getting hold of its members rates high.This may now change, after the House of Commons voted by a majority of 113 on March 7th for a fully elected House of Lords.The vote was of an advisory kind, and so has no force as legislation.But it will guide the government's choices when it introduces a bill, perhaps as soon as in the next parliament, to reform the Lords.But make no mistake: a big step towards real reform of the second chamber has been taken.The Economist Newspaper Limited 2008.Add a link to your "House of Lords" fan site on VH1.Giuffria keyboardist Gregg Giuffria formed House of Lords out of complete boredom, but for his love of
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Think you know all about Ms.Test Your Smarts and see!The Ultimate Review of 2007.Revised, updated, and still unrivaled.Chamber of the House of Lords in the Houses of Parliament, London.Saxon kings consulted witans (councils) composed of religious leaders and the monarch's ministers, it emerged as a distinct element of Parliament in the 13th and 14th centuries.House of Lords , or any Britannica premium article for free, even those readers without a premium membership.Just copy the HTML code fragment provided below to create the link and then paste it within your web content.For text ads, append each ad to the string.More from Britannica on "House of Lords"...Saxon kings consulted witans (councils) composed of religious leaders and the monarch's ministers, it emerged as a distinct element of Parliament in the 13th and 14th centuries.British officer of state who is custodian of the great seal and a cabinet minister.The lord chancellor traditionally served as head of the judiciary and speaker of the House of Lords.Commons, House ofpopularly elected legislative body of the bicameral British Parliament.Parliament, Houses of in the United Kingdom of Great Britain and Northern Ireland, the seat of the bicameral Parliament, including the House of Commons and the House of Lords.It is located on the left bank of the River Thames in the borough of Westminster, London.See also Henry, Kings ...English politician up to that time.Japan and friendship cemented with France; leader of Unionist party in House of Lords; favored a moderate peace after World War I.HTTPS is to be used
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