Parliament of The United Kingdom - Judicial Functions

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.