Why was it introduced (political sociological context)?
The Constitutional Reform Act of 2005 [‘the Act’] prescribed numerous changes in the judiciary of the United Kingdom [‘UK’] as well as the roles of the Houses of Parliament. The Act’s introduction must be situated on the backdrop of political intent to reform the historical constitutional mixture of legislative, judicial and executive powers being vested in the office of Lord Chancellor, alongside the House of Lords’ appellate jurisdiction, with growing concerns for instituting stricter separation of powers in UK government. The reform was further motivated by legal concerns regarding the compatibility of the then existing powers in the office of the Lord Chancellor with fair trial rights under the European Convention on Human Rights. Thus, on this backdrop, a bill which proposed transferring the appellate jurisdiction of the House of Lords to a new Supreme Court and completely abolishing the office of the Lord Chancellor was proposed before the House of Lords in 2004. It was subject to heavy debates and amendments by the House of Lords and, eventually, was approved while retaining the role of the Lord Chancellor with limitations.
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What was the aim of the Act (legal context)?
The primary aim of the Act is to reform the UK institutional makeup in order to allow for a stricter separation of powers and separate the judicial functions of the Lord Chancellor and the House of Lords from their executive and legislative roles. Accordingly, the Act reformed the office of the Lord Chancellor, introduced the Supreme Court of the United Kingdom, and reformed judicial appointments through independent selection processes.
What main changes did it make to the law?
The Act’s primary changes pertained to the office of the Lord Chancellor and the UK judiciary. Firstly, the Act severely restricted the powers of the Lord Chancellor. Prior to the Act, the Lord Chancellor, the senior officer of the House of Lords, had traditionally been a senior lawyer and a member of that House. However, the Act introduced a statutory requirement that the Lord Chancellor be qualified by experience; it does not require the holder to be a lawyer or a peer. Further, the Act restricted the powers of the Lord Chancellor.
In altering the functions of the Lord Chancellor and transferring the appellate jurisdiction of the House of Lords, the Act creates the Supreme Court of the UK as the new superior appellate court of the UK, replacing the House of Lords. The creation of the Supreme Court is supplemented by provisions concerning the appointment of its judges and its administration as separate and independent from the House of Lords.
Further, the Act compounds the abolition of the Lord Chancellor’s judicial functions by introducing an express statutory guarantee of continued judicial independence. The Act expressly recognises the rule of law and the continuing judicial independence of UK courts, requiring the Lord Chancellor and other Ministers of the Crown not to seek to influence particular judicial decisions through any special access to the judiciary. This reform strengthened the institutional separation of powers.
Key Sections
The Act’s key areas concern the Office of the Lord Chancellor as well as the Supreme Court and appointment of judges in the judiciary. Firstly, affirming the existing constitutional principle of the rule of law (s1), the Act institutes a number of arrangements to modify the office of the Lord Chancellor. For example, the Act modifies the appointment of the Lord Chancellor by introducing the requirement that the Prime Minister may only recommend a person for appointment as Lord Chancellor if the person appears to the Prime Minister to be “qualified by experience” (s2). The Act further aligns the role of the Lord Chancellor with judicial independence, stipulating a provision that ensures that the Lord Chancellor, other Ministers of the Crown and others responsible for the judiciary or the administration of justice must uphold the continued independence of the judiciary (s3), which includes the Supreme Court, other established UK courts, and international courts within the statutory definition (s3(7)–(8)). That definition includes the International Court of Justice and courts or tribunals exercising judicial functions under an agreement to which the UK or its Government is a party, or under a UN Security Council or General Assembly resolution. Section 3 preserves the Scottish Parliament’s legislative competence and excludes persons subject to the corresponding Northern Ireland duty. Schedule 4 of the Act further provides for the transfer and/or modification of functions to and from the office of the Lord Chancellor. Section 17 also introduces an oath requiring the Lord Chancellor to respect the rule of law, defend judicial independence and ensure resources for the efficient and effective support of the courts for which the office is responsible.
Secondly, the Act creates a framework for a Supreme Court as an independent judicial body. It prefaces the creation of the Supreme Court with a statutory recognition of “continued judicial independence” of the courts (ss3-4), with section 4 amending the corresponding Northern Ireland guarantee. The Act stipulates that “there is to be a Supreme Court of the United Kingdom” (s23(1)). The Act further stipulates provisions for the composition of this Supreme Court, originally providing that the Court should consist of 12 judges appointed by the monarch; since 2013, the statutory limit has been 12 full-time equivalent judges (s23(2)), subject to increase by an Order in Council approved by both Houses. It further provides that persons shall only be qualified to be appointed as a Supreme Court judge if they have held high judicial office for a minimum of two years, satisfied the judicial-appointment eligibility condition on a 15-year basis, or been a qualifying practitioner in Scotland or Northern Ireland for a minimum period of 15 years (s25(1)). The Act prescribes procedures for the selection process of judges and clearly designates the role of the Lord Chancellor thereto (originally ss26-31; now ss26-27B and the Supreme Court (Judicial Appointments) Regulations 2013). Sections 28–31 were repealed in 2013. Selection is by an independent commission, on merit, with an equal-merit provision permitting preference to increase diversity; the commission must ensure that the Court collectively has knowledge of, and experience of practice in, the law of each part of the UK. The Prime Minister must recommend the person selected under the statutory procedure to the monarch. The Act also expressly requires the Judicial Appointments Commission, when exercising its functions under Part 4, to have regard to the need to “encourage diversity” in the range of persons available for selection (s64), subject to selection on merit and good character under section 63. Further, the Act also contains provisions on the terms of appointments on the Court, including the requirement to take the oath of allegiance and a judicial oath (s32), tenure (s33), salaries and allowances (s34), resignation, retirement and pensions (ss35-37), and others. The Act further expressly designates the jurisdiction of the Supreme Court (s40), which is the final court of appeal for UK civil cases and criminal cases from England, Wales and Northern Ireland. It does not hear ordinary Scottish criminal appeals, although it has jurisdiction over specified devolution and compatibility issues. The Act also addresses its relation to other Courts (s41), its composition when sitting (ss42-43), its practice and procedure (ss44-47), and other procedural aspects in its administration.
2026 update
The Constitutional Reform Act 2005 remains in force and continues to form a central part of the modern constitutional framework of the United Kingdom.
One of the Act’s most significant reforms was the creation of the UK Supreme Court, which replaced the Appellate Committee of the House of Lords as the highest court in the UK. Although the legislation was enacted in 2005, the Supreme Court itself did not begin operating until 1 October 2009, when it assumed the House of Lords’ appellate functions and the devolution jurisdiction of the Judicial Committee of the Privy Council.
The Act also redefined the historic role of the Lord Chancellor, removing the office’s judicial functions and transferring leadership of the judiciary in England and Wales to the Lord Chief Justice, while the Lord Speaker became the presiding officer of the House of Lords.
In addition, the Act established the Judicial Appointments Commission, an independent body responsible for selecting candidates for judicial office in England and Wales in order to make the appointments process more transparent and merit-based. Selection under Part 4 must be on merit and requires good character; since 2013, where candidates are of equal merit, one may be preferred to increase judicial diversity. The Act also provides a framework for judicial discipline and establishes the Judicial Appointments and Conduct Ombudsman to investigate specified complaints about the appointments process and the handling of judicial conduct complaints.
The statutory retirement age for Supreme Court judges is now 75 under the Judicial Pensions and Retirement Act 1993, as amended by the Public Service Pensions and Judicial Offices Act 2022.
As a result, the Constitutional Reform Act 2005 is widely regarded as one of the most significant constitutional reforms of the modern UK legal system, strengthening the institutional separation between the judiciary, Parliament and the executive.
Last updated: 11 November 2026
