Judicial functions of the House of Lords
| Appellate Committee of the House of Lords | |
|---|---|
| Country | United Kingdom |
| Location | Palace of Westminster, London |
| Composition method | Appointed by Monarch on advice of Prime Minister. Chosen name recommended to PM by a selection commission. |
| Authorized by | Convention; Appellate Jurisdiction Act 1876 |
| Judge term length | Life tenure |
| Senior Law Lord | |
| Second Senior Law Lord | |
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's jurisdiction was essentially limited to the hearing of appeals from the lower courts. Appeals were technically not to the House of Lords, but rather to the Queen-in-Parliament. By constitutional convention, only those lords who were legally qualified (Lords of Appeal in Ordinary, or Law Lords) heard the appeals, since World War II usually in what was known as the Appellate Committee of the House of Lords rather than in the chamber of the House.
During the 20th and early 21st centuries, the judicial functions were gradually removed. The final trial of a peer in the House of Lords was in 1935, and in 1948, the use of special courts for trials of peers was abolished. In 2009 the Supreme Court of the United Kingdom assumed the functions as the new court of final appeal in the UK.
Parliament's role in deciding litigation originated from the similar role of the Royal Court, where the King dispensed justice. Parliament grew out of the Court and took on many of its roles. As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in Scotland, the High Court of Justiciary remained the highest court in criminal matters.
Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed. The House of Commons ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort. The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621. In 1621, the House of Lords resumed its judicial role when King James I sent the petition of Edward Ewer, a persistent litigant, to be considered by the House of Lords. Petitions for the House of Lords to review the decisions of lower courts began to increase once again. After Ewer, 13 further cases would be heard in 1621. The House of Lords appointed a Committee for Petitions. At first, the Clerk of the Parliaments would bring petitions to the House, and the whole House could decide if they should or should not be referred to the Committee. As the number of petitions increased, the Committee gained the power to reject petitions itself.
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