Task 10. Review the text

Judges

The Lord Chancellor

The Lord High Chancellor of Great Britain, more usually known as the Lord Chancellor, ranks eighth in order of precedence in England after the Queen: a status which reflects the importance of this position as a Minister of the Crown chiefly responsible for the administration as a Minister.

The Lord Chancellor is appointed by the Queen on the advice of the Prime Minister. The position combines duties which are legislative, executive and judicial: it is therefore an exception to the constitutional doctrine of the “Separation of Powers”.

In this legislative capacity the Lord Chancellor presides over the House of Lords. He or she may take part in its debates and can vote in all of its divisions.

In this executive capacity he or she is a member of the Cabinet, its chief legal and constitutional adviser and one of its representatives in the House of Lords. The Lord Chancellor is responsible for the custody and the use of the Great Seal, which authenticates important legal documents such as Letters Patent.

In a judicial capacity the Lord Chancellor is head of the judiciary and presides over the House of Lords sitting as a court of appeal. He or she is a member of the Judicial Committee of the Privy Council, is head of the Chancery Division of the High Court and a member of the Court of Appeal. However, the Lord Chancellor never sits as a judge other than in the House of Lords and the Judicial Committee of the Privy Council. The Queen is advised on the appointment of puisne judges of the High Court, circuit judges and recorders. Magistrates and the chairmen of certain administrative tribunals are also appointed by the Lord Chancellor.

Vocabulary notes:

puisne judge	молодший суддя
custody	контроль, опіка
the Great Seal	велика державна печатка

Letters Patent	публічно-правовий акт наділення прав
the Privy Council	таємна рада (у Великій Британії)
the Chancery Division	канцлерське відділення (Вищого суду правосуддя у Великобританії)
circuit judge	окружний суддя

Task 9. Read &translate the text.

a) The Lord Chief Justice (L.C.J.) is appointed by the Queen on the advice of the Prime Minister and is head of the Court of Appeal (Criminal Division) and of the Queen’s Bench Division as well as being a member of the House of Lords.

b) The Master of the Rolls (M.R.) is appointed by the Queen on the advice of the Prime Minister and is a head of the Court of Appeal (Civil Division) and also supervises the admission of solicitors to the Rolls of the Supreme Court.

c) The President of the Family Division is appointed by the Queen on the advice of the Prime Minister, and is responsible for the work of this Division of the High Court.

d) The Lords of Appeal in Ordinary are known as Law Lords and are appointed by the Queen on the advice of the Prime Minister from among existing judges or barristers of at least fifteen years’ standing. They are life peers and adjudicate in appeal cases heard in the House of Lords. They are also members of the Judicial Committee of the Privy Council. There are nine Law Lords.

e) Lords Justice of Appeal are appointed by the Queen on the advice of the Prime Minister from among existing judges or barristers of at least fifteen years’ standing. They are judges of the Court of Appeal. They are twenty-three in number.

f) Judges of the High Court are known as puisne judges and are appointed by the Queen on the recommendation of the Lord Chancellor from among barristers or solicitors of at least ten years’ standing or circuit judges of at least two years’ standing. Twelve judges are assigned to the Chancery Division, forty-five to the Queen’s Bench Division and sixteen to the Family Division of the High Court.

All the judges referred to in (a)to (f) above hold office during good behaviour and may be removed by the Crown on an address presented by both Houses of Parliament. Their salaries are fixed by statute and form a charge on the Consolidated Fund. The effect of these two important provisions is to ensure judicial independence: a vital feature in the administration of law and justice within the State.

Judges of the High Court retire at the age of 75, and are eligible for pensions granted by statute.

1. Circuit Judges. These are judges appointed by the Queen on the advice of the Lord Chancellor to serve in (1) the Crown Court and (2) county courts. A circuit judge must be a barrister or solicitor of ten years’ standing or a person who holds the office of a recorder. The retiring age is 72, with the possibility of extension to 75. All county court judges who existed in 1971 became circuit judges, as did the recorders of Liverpool and Manchester, a number of whole-time chairmen and deputy chairmen of Quarter Sessions and certain other holders of judicial offices under the provisions of the Courts Act, 1971.

2. Recorders. Under the Courts Act, 1971 these are designated part-timejudges of the Crown Court. Appointments are made by the Queen on the recommendation of the Lord Chancellor to men or women of standing who are prepared to commit themselves to not less than one month’s work on the bench each year. Barristers and solicitors of ten years’ standing are eligible for appointment to this office. If a solicitor holds the appointment for five years he or she may then be appointed a circuit judge.

Vocabulary notes:

the Lord Chief Justice	лорд-головний суддя
the Queen’s Bench Division	відділення королівської лави
the Master of the Rolls	голова апеляційного суду і хранитель судових архівів
the Lords of Appeal in Ordinary	призначувані члени Палати лордів по розгляду апеляцій
Law Lords	судові лорди
adjudicate	виносити судове або арбітражне рішення, розглядати спір
the Judicial Committee of the Privy Council	судовий комітет таємної ради
Lord Justice of Appeal	суддя апеляційного суду
provision	умова, постанова, положення
county court	суд графства
Quarter Sessions	суд четвертних сесій
eligible for	той, що має право бути обраним на певну посаду
hold office	обіймати посаду

Дата добавления: 2014-12-17