Great Britain. Parliament; Great Britain. Parliament -- History; Representative government and representation
In 1875 the House of Lords was strengthened judicially by the
introduction of four Lords of Appeal. The House, as is well known,
has judicial as well as legislative functions to perform. It has
always been the Supreme Court of the realm, and, ever since the reign
of Queen Elizabeth, the ultimate Appeal has lain to it in all cases
except those arising in Ecclesiastical Courts. Moreover, as the High
Court of Parliament, in conjunction with the Commons, it is empowered
to try offenders against the State whom the Commons have impeached. It
also enjoys the privilege of trying any of its own members who may be
charged with treason or felony, and of determining any disputed claims
of peerage which may arise.
There have always been a sufficient number of Lords learned in the law
to provide a court for the trial of legal cases. In the past, however,
occasions have arisen when the presence of lay peers has threatened to
replace the judicial aspect of the House by a political one which
would be fatal to its reputation as a court of appeal. It was not,
indeed, until 1845 that lords unlearned in the law began to consider
their presence during the hearing of judicial causes to be not only
unnecessary but undesirable, and discontinued their attendance. Thirty
years later the institution of four life peerages, conferred upon
eminent lawyers, added still further weight to the legal decisions of
the House. The hearing of appeals is now left entirely to what are
called the Law Lords, who consist of the Lord Chancellor, a number of
peers who have held certain high judicial offices, and the four Lords
of Appeal in Ordinary--three of whom must, by the Appellate
Jurisdiction Act of 1876, be present on all appeal cases.
The granting of life peerages, conferring rights of summons to the
House of Lords, save as above stated, has been adjudged to be beyond
the powers of the Crown. It may truly be said that in the first days
of Parliament the House of Lords consisted almost entirely of life
members. But when the Government of Queen Victoria attempted to revive
a practice that had lain in abeyance for some centuries they were not
allowed to do so.
Public-domain text, read in full here on John Shaqi.
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