Friday, March 2, 2012

Explain the Judicial functions of the ‘British Parliament?


The Parliament of the United Kingdom of Great Britain and Northern Ireland[1] is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories. It is located in Westminster, London. Parliament alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and its territories. At its head is the Sovereign,Queen Elizabeth II.
The parliament is bicameral, with an upper house, the House of Lords, and a lower house, the House of Commons.[2] The Queen is the third component of the legislature.[3][4] The House of Lords includes two different types of members: theLords Spiritual (the senior bishops of the Church of England) and the Lords Temporal (members of the Peerage) whose members are not elected by the population at large, but are appointed by the Sovereign on advice of the Prime Minister.[5] Prior to the opening of the Supreme Court in October 2009 the House of Lords also performed a judicial role through the Law Lords.
The House of Commons is a democratically elected chamber with elections to it held at least every five years.[6] The two Houses meet in separate chambers in thePalace of Westminster (commonly known as the Houses of Parliament), in London. By constitutional convention, all government ministers, including the Prime Minister, are members of the House of Commons or, less often, the House of Lords, and are thereby accountable to the respective branches of the legislature.
The Parliament of Great Britain was formed in 1707 following the ratification of theTreaty of Union by both the Parliament of England and Parliament of Scotlandpassing Acts of Union. However, in practice the parliament was a continuation of the English parliament with the addition of Scottish MPs and peers. Parliament was further enlarged by the ratification by the Parliament of Great Britain and theParliament of Ireland of the Act of Union (1800), which abolished the Irish Parliament; this added 100 Irish members to the Commons and 32 to the Lords to create the Parliament of the United Kingdom of Great Britain and Ireland. It has been called "the mother of parliaments",[7] its democratic institutions having set the standards for many democracies throughout the world,[8] and the United Kingdom parliament is the largest Anglophone legislative body in the world.[9]
In theory, supreme legislative power is vested in the Queen-in-Parliament; in practice in modern times, real power is vested in the House of Commons, as the Sovereign generally acts on the advice of the Prime Minister, and the powers of the House of Lords have been limited.[10]

Judicial functions

Prior to the creation of the Supreme Court of the United Kingdom in October 2009, Parliament also used to perform several judicial functions. The Queen-in-Parliament constituted the highest court in the realm for most purposes, but the Privy Council had jurisdiction in some cases (for instance, appeals from ecclesiastical courts). The jurisdiction of Parliament arose from the ancient custom of petitioning the Houses to redress grievances and to do justice. The House of Commons ceased considering petitions to reverse the judgements of lower courts in 1399, effectively leaving the House of Lords as the court of last resort. In modern times, the judicial functions of the House of Lords were performed not by the whole House, but by a group of "Lords of Appeal in Ordinary" (judges granted life peerage dignities under the Appellate Jurisdiction Act 1876 by the Sovereign) and by "Lords of Appeal" (other peers with experience in the judiciary). However, under the Constitutional Reform Act 2005, these judicial functions were transferred to the newly created Supreme Court in 2009, and the Lords of Appeal in Ordinary became the first Justices of the Court. Peers who hold high judicial office are no longer allowed to vote or speak in the Lords until they retire as Justices.
In the late 19th century, Acts allowed for the appointment of Scottish Lords of Appeal in Ordinary and ended appeal in Scottish criminal matters to the House of Lords, so that the High Court of Justiciary became the highest criminal court in Scotland. Nowadays the House of Lords legislative committee usually has a minimum of two Scottish Judges to ensure that some experience of Scots law is brought to bear on Scottish appeals in civil cases, from the Court of Session.
Certain other judicial functions have historically been performed by the House of Lords. Until 1948, it was the body in which peers had to be tried for felonies or high treason; now, they are tried by normal juries. When the House of Commons impeaches an individual, the trial takes place in the House of Lords. Impeachments are now rare; the last one occurred in 1806. In 2006, a number of MPs attempted to revive the custom, having signed a motion for the impeachment of Tony Blair, but this was unsuccessful.

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