Supreme Court of Judicature Act 1873

History

The legislation for the act was drafted by the Judicature Commission which was chaired by Lord Chancellor Hatherley. Other members of the commission included judge George Bramwell, lawyers Sir John Hollams, Sir Robert Collier, and John Burgess Karslake, and parliament member George Ward Hunt.

Liberal view

One of the reasons that the Liberal government under Gladstone wanted to abolish the judicial aspect of the House of Lords was that it was concerned for the poor quality of judges at this court. Judges at the House of Lords secured their position by mere virtue of the fact that their fathers were hereditary peers and so individuals would automatically inherit seats in the upper house rather than securing their position through merit. Therefore, some of the best lawyers in the land were prohibited from sitting as judges in the upper house simply because of their parentage.

Conservative view

However, under the Conservative government, the 1874 and 1875 acts retained the judicial aspect of the House of Lords and ensured the quality of judicial appointments to the House of Lords by legislating under the Appellate Jurisdiction Act 1876 (39 & 40 Vict. c. 59), for the mechanism of law lords. The reigning monarch could appoint any individual to be a peer and thus a judge in the House of Lords. These judicial life peers would hold seats only for the duration of their life; their seat would not pass through their inheritance to their son. Thus, Queen Victoria and subsequent monarchs were able to appoint leading lawyers to adjudicate in the House of Lords by making them life peers.

Provisions

Short title, commencement and extent

Section 1 of the act provided that the act may be cited the "Supreme Court of Judicature Act, 1873".

Section 2 of the act provided that the act would come into force on 2 November 1874. This act was repealed and replaced was repealed and replaced by section 2 of the Supreme Court of Judicature (Commencement) Act 1874 (37 & 38 Vict. c. 83). Section 2 of the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77) provided that the act would come into force on 1 November 1875, except any provision of that act declared to take effect before the commencement of the act and except sections 20, 21 and 25, which would come into force on 1 November 1876.

The preamble to the act provided that the act would extend to England and Wales.

Appellate Jurisdiction Act 1876

Main article: Appellate Jurisdiction Act 1876

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 Parliament for the bill as originally proposed in 1874 or when it was reintroduced in 1875. Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the Appellate Jurisdiction Act 1876 (39 & 40 Vict. c. 59) 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.

Subsequent developments

The whole act, except sections 25(2), 46, 64 and 66 of the act, was repealed by section 226(1) of, and the sixth schedule to the Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo. 5. c. 49).

Section 25(2) of the act was repealed by section 34(4) of, and the schedule to, the Limitation Act 1939 (2 & 3 Geo. 6. c. 21).

Section 46 of the act ceased to have effect by section 34(1) of, and schedule 2 to, the Administration of Justice Act 1965.

Section 64 of the act was repealed by section 5 of, and schedule 5 to, the Rules of the Supreme Court (Revision) 1962 (SI 1962/2145).

Section 66 of the act, being the only repealed section of the act, was repealed by section 1(2) of, and schedule 2 of the Rules of the Supreme Court (Revision) 1965 (SI 1965/1776).

Notes

References

References

1. (4 May 1910). "Sir John Hollams". [[The Guardian]].