Litigation Letter
Lord Chancellor replaced
On 3 April the Constitutional Reform Act 2005 transferred the position of head of the judiciary for England and Wales from
the Lord Chancellor to the Lord Chief Justice, whose major responsibilities now cover the welfare, training and guidance of
all judges from law lords to magistrates. The Lord Chief Justice, Lord Philips of Worth Matravers, welcomed the reforms as
giving transparent effect to the doctrine of the separation of powers, saying: ‘Judicial independence is a fundamental principle
of our system, and the Act imposes an express duty on the Lord Chancellor, and other ministers and all those with responsibility
for matters relating to the judiciary, to uphold the continued independence of the judiciary, I intend to steer clear of politics,
but this does not mean steering clear of politicians. Provided the line is properly drawn between what are and what are not
proper subjects for discussion, I think that dialogue between the Lord Chief Justice and ministers about the administration
of justice is essential.’ The Lord Chancellor, Lord Falconer of Thoroton, continues to be a cabinet minister responsible for
legal aid and the Legal Services Commission, as well as the Law Commission and the court system. However, he will no longer
sit as a judge or as speaker of the House of Lords. Commenting on the reforms, Lord Falconer said that they free the office
of the Lord Chancellor to be what in practice has long been – a political role with responsibility for the investment of public
funds in order to deliver first-class services for the people.