ABSTRACT

It is the office of Lord Chancellor which is most frequently cited as being a violation of the doctrine of separation of powers. It is certainly a most notable exception to that doctrine. The office derives from the Norman Conquest when the King’s secretary became known as the royal ‘chancellor’. The first Chancellor is recorded in 1068. In the Middle Ages, the primary role of the Chancellor was to preside over parliament. From the fourteenth century, his functions have been both parliamentary and judicial, in the latter role presiding over the Court of Chancery until 1875.11 A glance at the several roles he undertakes reveals why the office is claimed to breach the doctrine of separation of powers.