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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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The Office of Lord Chancellor

Diana WoodhouseProfessor of Law, Oxford Brookes University, Oxford

ISBN13: 9781841130217
ISBN: 1841130214
Published: April 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £46.00

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The office of Lord Chancellor is one that has frequently been questioned. However, the extent and diversity of the questioning seldom attained the proportions reached in the final years of the 20th century, when they drew attention to the deficiencies of the position of Lord Chancellor, the inherent tensions within that position and the incongruity of such a role in a modern democracy. This book examines these questions. It analyzes the development and current position of the Lord Chancellor as head of the judiciary, member of the Cabinet, judge and Speaker in the House of Lords and considers his role in relation to judicial appointments. It also looks at the LCD, the development of which acts as an indicator of the changes in the office of Lord Chancellor. It concludes by making proposals for reform, the most far-reaching of which is the abolition of the office.

Constitutional and Administrative Law
Introduction: an historical office
the office of Lord Chancellor in the twenty-first century
a difficult position to defend.
The Lord Chancellor in the constitution: introduction
constitutional justification for judicial independence
the Lord Chancellor - defender of judicial independence
safeguards for judicial independence
The Lord Chancellor's Department: introduction
development of the LCD
the change to a management culture
the Court Service
the position of the permanent secretary in the LCD
The Lord Chancellor's executive role: introduction
executive responsibilities
the influence of the Lord Chancellor
Lord Irvine - at the centre of government
The Lord Chancellor as judge: introduction
the Lord Chancellor as Speaker
the history of the judicial role
the influence of twentieth century Lord Chancellors
the judicial records of Lord Chancellors
the frequency with which Lord Chancellors sit as judges
the selection of judicial panels - the diminishing role for the Lord Chancellor
limitations upon the Lord Chancellor's role
the effect of the Human Rights Act 1998
Judicial appointments: introduction, Lord Chancellors and judicial patronage, the judicial appointments system - considerations/ criteria, towards a more open system
a judicial commission
The accountability of the Lord Chancellor: introduction
accountability in the House of Commons
appearances before select committees
the Court Service Agency
an uncertain division of responsibilities
accountability to the courts
accountability to the public
the Parliamentary Ombudsman (PCA)
The reform of the office of Lord Chancellor: introduction
the Lord Chancellor's judicial role
judicial appointments
the Lord Chancellor's constitutional role
the Lord Chancellor's executive role