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The Lord Chancellors department's role is said to secure the Administration of Justice in England and Wales, but how can this be so if the Lord Chancellor is in effect a tri-partite politician.
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Public Law Assessed Coursework
Word Count: 1, 499
The Lord Chancellors department's role is said to secure the Administration of Justice in England and Wales, but how can this be so if the Lord Chancellor is in effect a tri-partite politician. Is he influenced by Government policy when he sits as judge in the appellate courts?
It can be seen that the Human Rights Act 1998 has modified our constitution, earlier examples of this was the passing of the European Communities Act 1972 which effectively gave up our sovereignty, however the courts have tried to maintain our constitution and sovereignty by interpreting acts of Parliament1.
The court system did continue to do this quite effectively until the late 1980's when along came Factortame litigation2 and more so with Human Rights now a part of English law.
Before 1972, if an Act of Parliament had a clause in it saying that it can not be repealed, yet the same power that made it, Parliament can repeal it3. The concept in Cheney v Conn4 has now changed together with the change in our constitution, which has brought in European Law and so created a hierarchy
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