The recent speeches by Lords Steyn and Bingham arguing the case for a Supreme Court on which the Lord Chancellor would not sit, touch only one element of the constitutional and political problem that is the office of Lord Chancellor.
The fact that the holder of that office is a member of the executive, the judiciary and the legislature – to say nothing of being speaker of the House of Lords – and that this offends on a daily basis the concept of the separation of power, has always been justified, not least by the current incumbent, on the basis that “it works” and “if it ain’t broke don’t fix it”.
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