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Judicature Act 1873




Lord Cairns , Disraeli's Lord Chancellor , sought to remove the House Of Lords jurisdiction for Scottish and Irish appeals as well, which would have completely removed its judicial jurisdiction. However, the Lord Chancellor could not muster the necessary support in the Parliament for the bill in 1874 nor when he reintroduced it in 1875. Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the Appellate Jurisdiction Act 1876 removed the provisions for the abolition of the judicial functions of the House of Lords, although it retained the provisions that established the High Court and the Court of Appeal.

Thus, the United Kingdom retains the strange system by which the Upper House of its Parliament was also one of the country's highest courts. Some have also expressed concerns that the judicial functions of the House of Lords may violate the European Convention On Human Rights , since the Law Lords can participate in framing legislation, and as such may not be an "independent and impartial tribunal" under article 6 of that Convention.

The House of Lords may increasingly have a competitor for itself in the Judicial Committee Of The Privy Council . Up until 1998, that court was mainly restricted to hearing cases from former British Colonies , such as New Zealand and several nations in the West Indies ; its domestic jurisdiction was very limited. However, with devolution in 1998, the Judicial Committee now has the power to deal with all questions of the validity of acts of the devolved institutions.

The Constitutional Reform Act 2005 will remove the judicial functions of the House of Lords, transferring them to a new Supreme Court Of The United Kingdom .