Judicial independence is a fundamental principle of our system. The Constitutional Reform Act imposes an express duty on the Lord Chancellor, other ministers, and all those with responsibility for matters relating to the judiciary to uphold its continued independence.
The Lord Chancellor continues to be the government minister responsible for the judiciary and the courts system, but he is no longer a judge or head of the judiciary.
The Lord Chancellor's role as a Cabinet Minister remains. He continues to be the minister responsible for the judiciary, judicial appointments, the courts and the tribunals. He is also responsible for legal aid and the Legal Services Commission, statute law reform and the Law Commission, public records and the National Archives, the Land Registry and the Northern Ireland Court Service, and the Crown Dependencies.
The Lord Chancellor will continue to make appointments to senior military, civic, church and judicial offices with the Queen's authority.
The Lord Chief Justice of England and Wales becomes the head of the judiciary and takes over many of the judicial functions formerly undertaken by the Lord Chancellor. He may perform these duties himself or in conjunction with the Lord Chancellor.
Under the law, the Lord Chancellor must consult or secure the agreement of the Lord Chief Justice before he can make decisions about many areas of responsibility that affect or involve the judiciary.
The Lord Chancellor and the Lord Chief Justice agreed the principles underlying this separation of roles in January 2004. They are set out in 'The Lord Chancellor's judiciary-related functions: proposals', now commonly known as the Concordat.
The Directorate of Judicial Offices for England and Wales supports the Lord Chief Justice and senior judiciary and, through them, serving members of the judiciary. It is headed by a senior civil servant and based at the Royal Courts of Justice in London. The Directorate will assist the senior judiciary in their roles and responsibilities under the Constitutional Reform Act.
These include: