Lord Woolf: Does our constitution provide the protection it should for our constitutional institutions?

Taken from the Lord Chief Justice's speech at the Lord Mayor of London's judges dinner

Share
Related Topics

As long as the office of Lord Chancellor is held by an individual of integrity (as it has been during my 50 years in the law), it provides significant protection for the judiciary.

However, when the office of Lord Chancellor is abolished, the question will arise as to who is to take on the Lord Chancellor's role of speaking up for the judiciary in government and Parliament. If it is intended that the secretary of state will play this role, then it will be critical to ensure that those appointed as secretary of state are appropriately qualified in terms of background and experience to fill the vacuum that will otherwise exist.

The secretary of state will, however, no longer be able to act as head of the judiciary - he will not be a judge, so it will not be appropriate for him to undertake this role.

I recognise that decisions as to who is Lord Chancellor are for the government alone. The same is true of whether we continue to have a Lord Chancellor - though, of course, Parliament must implement any decision to transfer his statutory duties or legislative responsibilities to another body or individual.

But it must be a cause for concern that a decision to abolish such a historic office - with its pivotal role in the administration of justice as head of the judiciary - can be taken without consulting the judiciary. It does raise questions as to whether our constitution provides the protection it should for our constitutional institutions.

However, the decision has been taken that there should cease to be a Lord Chancellor and that there should be a Judicial Appointments Commission for England and Wales and a new Supreme Court for the United Kingdom. What matters now is how to ensure that these proposed new institutions will be as effective as possible and operate in a manner that enhances the independence of the judiciary and our justice system.

React Now

  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Recruitment Genius: Senior Web Designer / Front End Developer

£28000 - £32000 per annum: Recruitment Genius: This fast expanding web managem...

Ashdown Group: Trainee Consultant - Surrey / South West London

£22000 per annum + pension,bonus,career progression: Ashdown Group: An establi...

Ashdown Group: Trainee Consultant - Surrey/ South West London

£22000 per annum + pension,bonus,career progression: Ashdown Group: An establi...

Ashdown Group: Recruitment Consultant / Account Manager - Surrey / SW London

£40000 per annum + realistic targets: Ashdown Group: A thriving recruitment co...

Day In a Page

Read Next
 

i Editor's Letter: Why it won’t be the i wot won it – our promise to you

Oliver Duff Oliver Duff
A relative of dead Bangladeshi blogger Washiqur Rahman reacts after seeing his body at Dhaka Medical College in Dhaka on March 30,  

Atheists are being hacked to death in Bangladesh, and soon there will be none left

Rory Fenton
No postcode? No vote

Floating voters

How living on a houseboat meant I didn't officially 'exist'
Louis Theroux's affable Englishman routine begins to wear thin

By Reason of Insanity

Louis Theroux's affable Englishman routine begins to wear thin
Power dressing is back – but no shoulderpads!

Power dressing is back

But banish all thoughts of Eighties shoulderpads
Spanish stone-age cave paintings 'under threat' after being re-opened to the public

Spanish stone-age cave paintings in Altamira 'under threat'

Caves were re-opened to the public
'I was the bookies’ favourite to be first to leave the Cabinet'

Vince Cable interview

'I was the bookies’ favourite to be first to leave the Cabinet'
Election 2015: How many of the Government's coalition agreement promises have been kept?

Promises, promises

But how many coalition agreement pledges have been kept?
The Gaza fisherman who built his own reef - and was shot dead there by an Israeli gunboat

The death of a Gaza fisherman

He built his own reef, and was fatally shot there by an Israeli gunboat
Saudi Arabia's airstrikes in Yemen are fuelling the Gulf's fire

Saudi airstrikes are fuelling the Gulf's fire

Arab intervention in Yemen risks entrenching Sunni-Shia divide and handing a victory to Isis, says Patrick Cockburn
Zayn Malik's departure from One Direction shows the perils of fame in the age of social media

The only direction Zayn could go

We wince at the anguish of One Direction's fans, but Malik's departure shows the perils of fame in the age of social media
Young Magician of the Year 2015: Meet the schoolgirl from Newcastle who has her heart set on being the competition's first female winner

Spells like teen spirit

A 16-year-old from Newcastle has set her heart on being the first female to win Young Magician of the Year. Jonathan Owen meets her
Jonathan Anderson: If fashion is a cycle, this young man knows just how to ride it

If fashion is a cycle, this young man knows just how to ride it

British designer Jonathan Anderson is putting his stamp on venerable house Loewe
Number plates scheme could provide a licence to offend in the land of the free

Licence to offend in the land of the free

Cash-strapped states have hit on a way of making money out of drivers that may be in collision with the First Amendment, says Rupert Cornwell
From farm to fork: Meet the Cornish fishermen, vegetable-growers and butchers causing a stir in London's top restaurants

From farm to fork in Cornwall

One man is bringing together Cornwall's most accomplished growers, fishermen and butchers with London's best chefs to put the finest, freshest produce on the plates of some of the country’s best restaurants
Robert Parker interview: The world's top wine critic on tasting 10,000 bottles a year, absurd drinking notes and New World wannabes

Robert Parker interview

The world's top wine critic on tasting 10,000 bottles a year, absurd drinking notes and New World wannabes
Don't believe the stereotype - or should you?

Don't believe the stereotype - or should you?

We exaggerate regional traits and turn them into jokes - and those on the receiving end are in on it too, says DJ Taylor