Supreme Court of Judicature Act 1873
Encyclopedia
The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an Act of Parliament
by the Parliament of the United Kingdom
in 1873. It reorganized the English court system to establish the High Court and the Court of Appeal
and also originally provided for the abolition of the judicial functions of the House of Lords
with respect to England
but, under the act, it would have retained those functions in relation to Scotland
and Ireland
for the time being. However, the Gladstone
Liberal
government fell in 1874 before its entry into force, and the succeeding Disraeli
Tory
government suspended the entry into force of the Act by means of further Acts passed in 1874 and 1875.
was that it was concerned for the poor quality of judge
s at this court. Judges at the House of Lords secured their position by mere virtue of the fact that their fathers were hereditary peer
s and so individuals would automatically inherit seats in the upper house rather than securing their position through merit. Therefore, some of the best lawyer
s in the land were prohibited from sitting as judges in the upper house simply because of their parentage.
s. The reigning monarch could appoint any individual to be a peer and thus a judge in the House of Lords. These judicial life peers would hold seats only for the duration of their life; their seat would not pass through their inheritance to their son. Thus, Queen Victoria and subsequent monarchs were able to appoint leading lawyers to adjudicate in the House of Lords by making them life peers.
, Disraeli's Lord Chancellor
, sought to remove the House of Lords
jurisdiction for Scottish and Irish appeals as well, which would have completely removed its judicial jurisdiction. However, the Lord Chancellor could not muster the necessary support in the Parliament for the bill as originally proposed in 1874 or when it was reintroduced in 1875. Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the Appellate Jurisdiction Act 1876
removed the provisions for the abolition of the judicial functions of the House of Lords, although it retained the provisions that established the High Court
and the Court of Appeal
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
in 1873. It reorganized the English court system to establish the High Court and the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
and also originally provided for the abolition of the judicial functions of the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
with respect to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
but, under the act, it would have retained those functions in relation to Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
for the time being. However, the Gladstone
William Ewart Gladstone
William Ewart Gladstone FRS FSS was a British Liberal statesman. In a career lasting over sixty years, he served as Prime Minister four separate times , more than any other person. Gladstone was also Britain's oldest Prime Minister, 84 years old when he resigned for the last time...
Liberal
Liberal Party (UK)
The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...
government fell in 1874 before its entry into force, and the succeeding Disraeli
Benjamin Disraeli, 1st Earl of Beaconsfield
Benjamin Disraeli, 1st Earl of Beaconsfield, KG, PC, FRS, was a British Prime Minister, parliamentarian, Conservative statesman and literary figure. Starting from comparatively humble origins, he served in government for three decades, twice as Prime Minister of the United Kingdom...
Tory
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
government suspended the entry into force of the Act by means of further Acts passed in 1874 and 1875.
Liberal view
One of the reasons that the Liberal government under Gladstone wanted to abolish the judicial aspect of the House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
was that it was concerned for the poor quality of judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s at this court. Judges at the House of Lords secured their position by mere virtue of the fact that their fathers were hereditary peer
Hereditary peer
Hereditary peers form part of the Peerage in the United Kingdom. There are over seven hundred peers who hold titles that may be inherited. Formerly, most of them were entitled to sit in the House of Lords, but since the House of Lords Act 1999 only ninety-two are permitted to do so...
s and so individuals would automatically inherit seats in the upper house rather than securing their position through merit. Therefore, some of the best lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s in the land were prohibited from sitting as judges in the upper house simply because of their parentage.
Conservative view
However, under the Conservative government, the 1874 and 1875 Acts retained the judicial aspect of the House of Lords and ensured the quality of judicial appointments to the House of Lords was ensured by legislating, under the Appellate Jurisdiction Act 1876, for the mechanism of judicial life peerLife peer
In the United Kingdom, life peers are appointed members of the Peerage whose titles cannot be inherited. Nowadays life peerages, always of baronial rank, are created under the Life Peerages Act 1958 and entitle the holders to seats in the House of Lords, presuming they meet qualifications such as...
s. The reigning monarch could appoint any individual to be a peer and thus a judge in the House of Lords. These judicial life peers would hold seats only for the duration of their life; their seat would not pass through their inheritance to their son. Thus, Queen Victoria and subsequent monarchs were able to appoint leading lawyers to adjudicate in the House of Lords by making them life peers.
Appellate Jurisdiction Act 1876
Lord CairnsHugh Cairns, 1st Earl Cairns
Hugh McCalmont Cairns, 1st Earl Cairns PC, QC was a British statesman who served as Lord Chancellor of the United Kingdom during the first two ministries of Benjamin Disraeli. He was one of the most prominent Conservative statesmen in the House of Lords during this period of Victorian politics...
, Disraeli's Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, sought to remove the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
jurisdiction for Scottish and Irish appeals as well, which would have completely removed its judicial jurisdiction. However, the Lord Chancellor could not muster the necessary support in the Parliament for the bill as originally proposed in 1874 or when it was reintroduced in 1875. Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the Appellate Jurisdiction Act 1876
Appellate Jurisdiction Act 1876
The Appellate Jurisdiction Act 1876 is an Act of the Parliament of the United Kingdom that altered the judicial functions of the House of Lords. The act was repealed by the Constitutional Reform Act 2005, which transferred the judicial functions from the House of Lords to the Supreme Court of the...
removed the provisions for the abolition of the judicial functions of the House of Lords, although it retained the provisions that established the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
and the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
.