Law Weblog

Roles of the Lord Chancellor and Lord Chief Justice

The “Concordat” (or agreement) lays down the role of the Lord Chancellor and the Lord Chief Justice.

From 3 April the Lord Chancellor’s role as a judge will cease.
The Lord Chief Justice will become the head of the judiciary in England and Wales.

Judicial Independence and Rule of Law
For the first time there will be a guarantee of judicial independence enshrined in statute. This guarantee is backed up by binding the Lord Chancellor and Ministers of the Crown to uphold judicial independence. The Act also formally recognises the constitutional principle of the Rule of Law and the Lord Chancellor’s role in relation to that principle.

JAC
The Judicial Appointments Commission (JAC) replaces the Commission for Judicial Appointments.
JAC selects applicants for judicial office, passes the names to the Lord Chancellor who accepts or rejects them. The accepted names are forwarded to The Queen for appointment. (JAC is not involved in selecting judges above High Court level).

JACO
In addition the Judicial Conduct and Appointments Ombudsman (JACO) is established to give deal with judicial disciplinary matters. The Judicial Discipline (Prescribed Procedures) Regulations 2006 lays down the procedure to be adopted.