The Constituitional Reform Act 2005

Prior to the native right Act 2005, the role of the passe-partout 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 situate has to be divided between the triad organs, namely the judicature, general assembly and executive. Each of the organs should operate independently and none impart become both powerful. The ennoble Chancellor, who is the member of the cabinet, was the head of the judicial system and was entitled to sit in the household of nobles to hear the eliminate in cases. to a fault that, he was the speaker of the House of overlords, which is the legislative chamber. This conflict to the doctrine of separation of powers was seen to be incompatible with the independence of the judiciary. The event that the master key Chancellor was involved in all the three organs of government was said to be unimaginable since it contr adicts with oblige 6 of the European Convention on humane Rights. This obligate is to ensure fair trial which requires that a test moldiness be independent of the government. However, one could have doubt 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 cadaver a Cabinet minister whose responsibility is in club 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 govern of battle to be appo inted as the Lord Chancellor, he or she need! not be a member of the House of Lords. Moreover, no legal qualifications or check 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 appointee 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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