The 2005 Constitutional Reform Act is up for review

Posted in Latest News on 14 Jun 2021

According to current incumbent Robert Buckland QC MP, the government aims to reconsider the position of lord chancellor as part of a 'careful review' of the Blair administration's 2005 Constitutional Reform Act.

The lord chancellor's role was significantly altered by the act, and he is no longer the head of the judiciary. The position has been united with that of Secretary of State for Justice since 2007.

Last week, Buckland told the Lords Constitution Committee that the government would conduct a "careful review and consultation" on the act, which would include determining whether officeholders must be legally qualified.

When asked how the role might change, he said: 

 It is an historic role. There is a danger that if we proceed down the 2005 road, the role simply becomes decorative and ornamental. I think that would a terrible mistake.

Buckland told the committee that the lord chancellor maintains an "important bridge" between the judiciary, executive, and parliament, despite having to resign as a judge when appointed.

He continued to say:

I want to make sure my successors will enjoy the confidence that their powers are clear, their relationship with all other branches of the constitution are as clear as possible. That’s why I want to do some work on this act.

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