The House of Lords is an integral part of the bicameral parliament in some countries.The House of Lords has the power to vetoHouse of CommonsAct passed.Members of Parliament are elected indirectly or appointed by the Head of State. Their term of office is longer than that of the President of the House of Commons. Some members hold tenure for life, and some are hereditary.The name of the House of Lords varies from country to country. For example, Britain is called the House of Lords,[1]The United States and Japan are called the Senate,RussiacallfederalCommittee, etc.[2]A judge of the House of Lords must have two years' experience as a senior judicial officer, or have been engaged in senior workBarrister15 years of work experience,[1]There are twelve persons in total, who are paid and are usually appointed from appeal judges and occasionally from judges of the High Court.The House of LordsTrial of cases, only involving legal issues, not involvingFactual issuesAt the same time, the case must have broad public importance.
The House of Lords hasjurisdictionIt is an ancient power.In the 19th century, Britain tried to abolish the judicial power of the House of Lords. The main reason was that not all the members of the House of Lords were judicial talents, and not all the members knew the law.However, due to various reasons, compromise occurred, and instead of sealing a certain judge to become a member of the House of Lords, which was created by the Appeal Jurisdiction Act of 1876, the Law Lords of the House of Lords established the mode of hearing appeal cases by the House of Lords.The senior judges of the House of Lords are officially called the permanent senior judges of the Court of Appeal.They represent the House of Lords in appeals.In theory, all 700 members of the House of Lords can become judges, but according to practice, only these 12 membersLegal expertsAnd the Lord Chancellor (fromMinister of SealThey are the judges who really exercise the judicial power of the House of Lords. Other members of the House of Lords do not participate in the exercise of judicial power.[1]
A judge of the House of Lords must have two years' experience as a senior judicial officer, or have been engaged in senior workBarristerWith 15 years of work experience, there are 12 persons in total, who are paid, usually appointed from appeal judges, and occasionally from judges of the High Court.Two of the twelve judges are from the High Court of Scotland.According to the provisions of the Appeal Jurisdiction Law, the former permanent judge of the House of Lords, the former minister holding the seal and the presiding officer of the High Judicial Division have the right to serve as the judge of the House of Lords, but this practice is rare in practice.The Law on the Allowance and Retirement of Judges, enacted in 1993 and effective in 1995, lowered the retirement age of senior judges of the House of Lords from 75 years old to 70 years old, but the Lord Chancellor can be over 75 years old.[1]
British House of Lords
The judges of the House of Lords are appointed by the Prime Minister, who will hand over the list of appointments to the King, who will confer the title.The Minister for the Seal provides the Prime Minister with information about the nominated judges of the House of Lords and makes suggestions, which are decisive.The judges of the House of Lords areexecutiveThis way of appointment has a strong political color on the surface and cannot be proved to be correct in the Constitution, but it is feasible in practice without controversy, because the appointed judges are generally recognized aslegal professionThe elite of.[1]
In Britain, in order to ensure the independence of the judiciary, once a judge is appointed, he or she cannot be removed from office unless approved by the two chambers.Therefore, the selection of judges has strict standards and requires careful procedures.Judges in Britain are mostly lawyers who have worked for many years (usually 10 years).The minister in charge of the seal, through the officials of the Ministry of Justice, consults with other judges about lawyers who apply to become judges. This consultation is confidential so that other judges can freely express their opinions.In selecting judges, we should not only examine legal knowledge andCapability level，[1]On the other hand, we should consider from the aspect of character to see whether it is honest, fair andIndependent thinking。More and more,[1]At the beginning, the appointed judges are part-time. They only serve as judges for a period of time in a year, and continue to work as lawyers for other periods. During the "part-time" period, they can be tested whether they are qualified as judges.[1]
Judges of the House of Lords enjoy the same status as other members of the House of Lords.The House of Lords may also participate in legislative activities, but according to the provisions of the law, their preferences and tendencies in formulating policies cannot affect thefairness。
The House of Lords
The minister of seal holding mentioned above has a very special and prominent position in Britain.He is the President of the Supreme Court, the President of the House of Lords, and a cabinet member (the minister in charge of the seal). He has judicial, legislative and administrative duties, and must also beruling partyAn important member of.As the minister of seals, he is responsible for the Ministry of Justice of the government, and his responsibilities include:[1](1) Appointment of judges.Of the Court of Appeal and the High Courtchief justiceLegal advisers from all ministries of the Cabinet and all senior officials in the countryJudicial officerAre appointed by himMagistrateThey are also appointed and removed.(2) Manage the court system throughout the country;(3) Providing legal aid to the public;(4) PushLegal reform。When the minister in charge of the seal is the speaker of the House of Lords, he can participate in the debate and vote of the House of Lords.He is the messenger between the king and the parliament.On the first day of the parliamentary session, if the Queen is absent, he will read the Queen's speech on her behalf.In the House of Lords, the minister holding the seal participated in and presided over the hearing of the appeal, and made a judgment as the main judge.In addition, the general election order was also announced by the minister holding the seal.But if his party fails in the general election, he will go with it.[1]
But with the constitutional reform from 2001 to 2012,[1]The House of Lords no longer has jurisdiction. The newly established Supreme Court is the Court of Final Appeal, and the last 12 permanent judges of the House of Lords (excluding the minister holding the seal) also serve in the Supreme Court.[1]
Acceptance of cases
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In general, the appeals accepted by the House of Lords include:Great BritainCivil appeals in the United Kingdom, andEngland、WelshandNorthern IrelandCriminal cases.Britain has two differentlegal system: The legal system of England and Wales andScotlandLegal system.Northern IrelandThe legal system belongs to England and Wales and is localized.[1]The scope of the House of Lords includes all the above places, but does not include criminal cases in Scotland.Specifically, the House of Lords can accept cases from the following courts: 1appeal court(Civil and criminal cases in England, Wales and Northern Ireland);2. Of the Supreme Civil Court of Scotlandcivil case；3. Cases heard by the High Court in the Royal Court of England and Wales and criminal cases in the High Court of Northern Ireland;4、Court of Military AppealCase.In addition, the House of Lords can also skip over the higher courts in England, Scotland and Northern Ireland according to the "Little Jump Procedure"“public interest ”Case.[1]
Not all cases can be appealedhouseIn fact, there are few cases that actually appeal to the House of Lords, and the vast majority of cases end in the Court of Appeal.[1]It is reported that in 1999, the House of Lords handled about 100 cases.The House of LordsTrial of cases, only involving legal issues, not involvingFactual issuesAt the same time, the case must have broad public importance.The right to appeal to the House of Lords is an ancient right, but under what circumstances can we appeal to the House of Lords was determined more than 100 years ago.In general, according to the provisions of the law, an appeal must obtain the leave to appeal from the House of Lords, and the law stipulates the time for obtaining the leave to appeal from the House of Lords.At the same time, in some appeals, the law requires the permission of the court of origin of the case.[1]The Appeal Jurisdiction Act of 1876 made such provisions for civil appeal cases, and the Administration of Justice (Appeal) Act of 1934 also made supplementary provisions for cases in England and Wales.If the lower court grants leave to appeal, the parties can appeal directly to the House of Lords.[1]If the lower court refuses to issue an appeal permit, the party may also seek another appeal permit from the House of Lords.The request for granting leave to appeal must be made within one month (14 days for criminal cases) of the decision of the lower court.Appeal requestIt shall be submitted to the Appeal Committee composed of three appeal judges.The Appeal Board makes a provisional decision on whether an appeal request is allowed.If it is temporarily allowed, ask the other party to answer the appeal request.After that, the Committee will make, or decide to dismiss the appeal request, or issue leave to appeal, or deal with the above request after hearing the defense of both parties.[1]
Appeal procedure
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In the hearing of appeals by the House of Lords, the senior judges of the House of Lords generally form an appeal committee to review the case, and then the House of Lords makes a judgment on the basis of the review report of the appeal committee.[2]
Before World War II, senior judges of the House of Lords were sitting in the Parliament Hall.becauseWorld War IIThe hall of the Central Assembly was damaged, and the senior judge of the House of Lords temporarily moved to a conference room to work in order to avoid the noise during construction, and appealedcommittee system This results.The Committee met for the first time on 26 May 1948.The attempt to review the case by the Appeals Board proved so successful that it was still used after the hall was restored, and a second Appeals Board was appointed in 1960.Although the senior judges of the House of Lords occasionally sit in the Parliament Hall, most appeals are studied and heard by the Appeals Board.[2]
British House of Lords
The House meets
When hearing appeals, an appeal committee is usually composed of five senior judges of the House of Lords.The composition of the committee is basically arbitrary, but if it comes fromScotlandWe must have Scottish judges in our cases.In the first or second conference room during the hearing.Sentencing is usually carried out in the Parliament Hall on Thursday afternoon.Senior judges of the House of Lords discuss from Monday to ThursdayTrial of cases, but not limited to the duration of the AssemblyParliament adjournsWhen the meeting is closed or even dissolved, the senior judges of the House of Lords still work.[1]
The trial of the case is not as formal as the lower court in procedure.Top fivehousePresented by the Senior JudgeSemicircleSitting around a "U" shaped table, the senior is the chairman.They don't wear judge's robes.However, the lawyer of the client must wear a wig and a lawyer's gown and stand in front of a small stand in the middle of the room.The lawyer of the appellant shall speak first, then the lawyer of the opposite party, and finally the lawyer of the appellant shall reply.During the debate, the senior judges of the House of LordsAsk questions。The hearing time varies depending on the circumstances, with an average of two and a half days.After the hearing, the Senior Judge of the House of Lords will discuss the case.They generally do not recall their lawyers to tell them the outcome of the appeal.[2]Generally, the sentence is delivered in the Parliament Hall at 2:00 p.m. on the Thursday after a few weeks of court session.The judicial secretary summoned the lawyer and relevant stakeholders to the court.The chairman took the chair.The senior judges of the House of Lords express their opinions to the House of Lords in a speech, and indicate that they think they should allow orReject appealReasons.After the House of Lords agrees with the report of the Appeal Board, it will issuemotionI.ejudgment。The public can get the full text of the judge's speech through print or the Internet.After the judgment of the House of Lords, the Judiciary Department shall prepare a written judgment, which shall be signed by the clerk of the Parliament, that is, the clerk of the judge, and delivered to the winning party.[1]
