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See also: Lord Chancellor
Lord High Chancellor of Great Britain

Incumbent:
Jack Straw
Took office: 28 June 2007

Style: The Right Honourable
Appointed by: Gordon Brown
as Prime Minister
First : The Lord Cowper
Formation: May 1707
of United Kingdom of Great Britain


United Kingdom

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Politics and government of
the United Kingdom



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The Lord High Chancellor of Great Britain, or Lord Chancellor is a senior and important functionary in the government of the United Kingdom. John Whitaker Straw (born 3 August 1946 most commonly known as Jack Straw, is a senior British Labour Party Politician. Events 1098 - Fighters of the First Crusade defeat Kerbogha of Mosul. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. The Right Honourable (abbreviated as The Rt Hon) is an Honorific prefix that is traditionally applied to certain WikipediaManual of Style (biographies#Academic titles --> James Gordon Brown (born 20 February 1951 is The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom William Cowper 1st Earl Cowper, FRS (c 1665 &ndash October 10, 1723) Lord Chancellor of England was the son of Sir William Cowper MAY ( also known as: Mei メイ 메이 is a Korean singer well known in South Korea for singing the song "Miracle" Year 1707 ( MDCCVII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar (or a The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The politics of the United Kingdom of Great Britain and Northern Ireland takes place in the framework of a Constitutional monarchy, in which the Monarch is Head Her Majesty's Government, or when the monarch is male His Majesty's Government, is the title used by the Government of the United Kingdom, based at TalkCommonewalth realm.--> The monarchy For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II Throughout the Commonwealth realms The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. In the Politics of the United Kingdom, the Cabinet is a formal body composed of the most senior government ministers chosen by the Prime Minister The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the political leader of the United Kingdom WikipediaManual of Style (biographies#Academic titles --> James Gordon Brown (born 20 February 1951 is The Chancellor of the Exchequer is the title held by the British Cabinet minister who is responsible for all Economic and Financial Alistair Maclean Darling (born 28 November 1953 is a British Politician and Chancellor of the Exchequer since 28 June 2007 The Secretary of State for Foreign and Commonwealth Affairs, commonly referred to as the Foreign Secretary, is a member of the United Kingdom Government heading the David Wright Miliband The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office Jacqueline Jill "Jacqui" Smith (born 3 November 1962 is a British Politician for the Labour Party. See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position John Whitaker Straw (born 3 August 1946 most commonly known as Jack Straw, is a senior British Labour Party Politician. Gordon Brown is currently serving as Prime Minister of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories In the United Kingdom, the State Opening of Parliament is an annual event held usually in October or November that marks the commencement of a session of the Parliament This article discusses types of Acts and the process of law-making in Parliament The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The Lord Speaker is the speaker of the House of Lords in the Parliament of the United Kingdom. Helene Valerie Hayman Baroness Hayman, PC, née Middleweek (born 26 March 1949 in Wolverhampton) is Lord Speaker of the House of Lords The House of Commons' is the Lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords Michael John Martin MP (born 3 July 1945 is the current Speaker of the House of Commons in the United Kingdom. The Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons Harriet Ruth Harman Prime Minister's Questions ( PMQs) (officially Questions to the Prime Minister) is a constitutional convention in the United Kingdom, where every Her Majesty's Loyal Opposition, or the Official Opposition, in the United Kingdom is led by the Leader of the Opposition. The Leader of the Opposition (sometimes known as the Leader of the Opposition in the House of Commons) in the United Kingdom is the politician who leads David William Donald Cameron (born 9 October 1966 is a British Politician and the current leader of the Conservative Party and Leader of Her Majesty's In British parliamentary practice the Official Loyal Opposition Shadow Cabinet (usually known simply as 'The Shadow Cabinet' is a group of members from Her Majesty's Loyal The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England The courts of Northern Ireland are the civil and criminal Courts responsible for the administration of Justice in Northern Ireland: The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed The United Kingdom has a long and established tradition of avowed respect for its subjects' Human rights. Constituent country is a phrase used often by official institutions in contexts in which a country makes up a part of a larger entity or grouping Political history Pre-Union politics See also Parliament of England The English Parliament traces its origins to the Anglo-Saxon " Regional Assembly " is the name which has been adopted by the English bodies established as regional chambers under the Regional Development Agencies The Greater London Authority ( GLA) is the city-wide governing body for London, England. Current situation The largest party is the Scottish National Party, which campaigns for Scottish independence. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. The Scottish Parliament ( Scottish Gaelic: Pàrlamaid na h-Alba; Scots: Scottish Pairlament) is the devlolved national unicameral The emergence of a Welsh polity During the latter part of the 19th century and early part of the 20th century the notion of a distinctive Welsh polity gained credence The Welsh Assembly Government (WAG (Llywodraeth Cynulliad Cymru LlCC) was firstly an executive body of the National Assembly for Wales, consisting of The National Assembly for Wales (Cynulliad Cenedlaethol Cymru is a devolved assembly with power to make legislation in Wales. General demographics Population 1685267 The population of Northern Ireland has increased annually since 1978 The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved Legislature for Northern Ireland The Northern Ireland Assembly ( Irish: Tionól Thuaisceart Éireann, Ulster Scots: Norlin Airlann Semmlie) is the devolved For other meanings see Reserved powers disambiguation page In the United Kingdom reserved matters, also referred to as reserved The United Kingdom has five distinct types of Elections UK general elections elections to national/regional parliaments and assemblies elections to the European Parliament This is a list of the 646 constituencies currently represented in the House of Commons of the Parliament of the United Kingdom, as at the 2005 general election This is a list of political parties in the United Kingdom. Brief history and overview Prior to the mid-19th century Politics in the United Kingdom Results Overview For events leading up to the date of the election see article Pre-election day events of the United Kingdom general Leadership of the main parties David Cameron became Conservative leader in December 2005 replacing Michael Howard. The United Kingdom (UK is a key player in international politics with interests throughout the world The European Union is a unique entity possessing elements of Intergovernmentalism, Supranationalism and a Multi-party Parliamentary democracy Information on politics by country is available for every Country, including both De jure and De facto independent For the government of parliamentary systems see Executive (government. 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One of the Lord Chancellor's responsibilities is to act as the custodian of the Great Seal. The Great Seal of the Realm or Great Seal of the United Kingdom (prior to the Union the Great Seal of England, then Great Seal of Great Britain He is a member of the Cabinet and, by law, is responsible for the efficient functioning and independence of the courts. In the Politics of the United Kingdom, the Cabinet is a formal body composed of the most senior government ministers chosen by the Prime Minister A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Formerly he was also the presiding officer of the House of Lords, and the head of the judiciary in England and Wales, but the Constitutional Reform Act 2005 transferred these roles to the Lord Speaker and the Lord Chief Justice respectively. In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. The Lord Speaker is the speaker of the House of Lords in the Parliament of the United Kingdom. The Lord Chief Justice of England and Wales was historically the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. The present Lord Chancellor, The Rt. Hon. Jack Straw, is also Secretary of State for Justice, and the first Lord Chancellor since the seventeenth century not to be a peer. John Whitaker Straw (born 3 August 1946 most commonly known as Jack Straw, is a senior British Labour Party Politician. See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position The Peerage is a system of Titles of Nobility in the United Kingdom, part of the British honours system. His predecessor, Lord Falconer of Thoroton served as Secretary of State for Constitutional Affairs before that post was superseded by the post of Secretary of State for Justice in 2007. Charles Leslie Falconer Baron Falconer of Thoroton, PC, QC (born 19 November 1951 is a British Barrister and Labour Party The office of Secretary of State for Constitutional Affairs was a British Government position created in 2003

A Lord Keeper of the Great Seal may be appointed instead of a Lord Chancellor. The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great The two offices entail exactly the same duties; the only distinction is in the mode of appointment. Furthermore, the office of Lord Chancellor may be exercised by a committee of individuals known as "Lords Commissioners of the Great Seal". Since the 19th century, however, Lord Chancellors have been exclusively appointed, the other offices having fallen into disuse.

Contents

History

The office of Lord Chancellor may trace its origins to the Carolingian monarchy, in which a Chancellor acted as the keeper of the royal seal. The Carolingian dynasty (known variously as the Carlovingians, Carolings, or Karlings) was a Frankish noble family with its origins in the In England, the office dates at least as far back as the Norman Conquest (1066), and possibly earlier. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Some give the first Chancellor of England as Angmendus, in 605. Angmendus was the first Lord Chancellor of England, appointed in 605 Other sources suggest that the first to appoint a Chancellor was Saint Edward the Confessor, who is said to have adopted the practice of sealing documents instead of personally signing them. King Edward the Confessor (c 1003 &ndash 5 January 1066 son of Ethelred the Unready, was the penultimate Anglo-Saxon King of England and the last In any event, the office has been continuously occupied since the Norman Conquest.

Formerly, the Lord Chancellor was almost always an ecclesiastic, as during the Middle Ages the clergy were amongst the few literate men of the realm. Clergy is the generic term used to describe the formal religious leadership within a given Religion. The Lord Chancellor performed multiple functions—he was the Keeper of the Great Seal, the chief royal chaplain, and advisor in both spiritual and temporal matters. A chaplain is typically a Priest, Pastor, ordained Deacon, Rabbi, Imam or other member of the Clergy serving a group of Thus, the position emerged as one of the most important ones in government. He was only outranked in government by the Justiciar (whose post is now obsolete). In Medieval England and Scotland, the Chief Justiciar (later known simply as the Justiciar) was roughly equivalent to a modern Prime Minister

Sir Thomas More, one of the most famous early Lord Chancellors, served and was executed under King Henry VIII.
Sir Thomas More, one of the most famous early Lord Chancellors, served and was executed under King Henry VIII. Sir Thomas More (7 February 1478 – 6 July 1535 from 1935 Saint Thomas More, was an English Lawyer, author and statesman who in his lifetime gained Henry VIII (28 June 1491 &ndash 28 January 1547 was King of England and Lord of Ireland, later King of Ireland and claimant to the Kingdom of

As one of the King's ministers, the Lord Chancellor attended the Curia Regis, or Royal Court. Curia regis is a Latin term meaning "royal council" or " king's court. If a bishop, the Lord Chancellor received a writ of summons; if an ecclesiastic of a lower degree, or if a layman, he attended without any summons. A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight The Curia Regis would later evolve into Parliament, the Lord Chancellor becoming the prolocutor of its upper house, the House of Lords. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories A prolocutor is one who speaks for others (Lat pro, for and loqui, to speak specifically the chairman of the lower house of Convocation in the two provinces As was confirmed by a statute passed during the reign of Henry VIII, a Lord Chancellor could preside over the House of Lords even if not a Lord himself. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. Henry VIII (28 June 1491 &ndash 28 January 1547 was King of England and Lord of Ireland, later King of Ireland and claimant to the Kingdom of

The Lord Chancellor's judicial duties also evolved through his role in the Curia Regis. Petitions for justice were normally addressed to the King and the Curia, but in 1280, Edward I instructed his justices to examine and deal with petitions themselves as the Court of King's Bench. Edward I (17 June 1239 – 7 July 1307 popularly known as Longshanks, was a King of England who achieved historical fame by conquering large parts of Wales and almost The Queen's Bench (or during the reign of a male monarch the King's Bench) is the superior court in a number of jurisdictions within some of the Commonwealth realms Important petitions were to be sent to the Lord Chancellor for his decision; even more significant ones were to be brought to the King's attention. By the reign of Edward III, however, a separate tribunal for the Lord Chancellor had developed. Edward III (13 November 1312 &ndash 21 June 1377 was one of the most successful English monarchs of the Middle Ages. In this body, which became known as the High Court of Chancery, the Lord Chancellor would determine cases according to fairness (or "equity") instead of according to the strict principles of common law. The Court of Chancery was one of the courts of equity in England and Wales. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive The Lord Chancellor also became known as the "Keeper of the King's Conscience. " Ecclesiastics continued to dominate the Chancellorship until the 16th century. In 1529, after Thomas Cardinal Wolsey, who was Lord Chancellor and Archbishop of York, was dismissed for failing to procure the annulment of Henry VIII's first marriage, ecclesiastics fell out of the royal favour, and laymen came to be appointed to the office. Thomas Cardinal Wolsey (c1470–1471 – November 28 or November 29 1530 who was born in Ipswich Suffolk England was an English Statesman and a cardinal The Archbishop of York is a high-ranking cleric in the Church of England, second only to the Archbishop of Canterbury. Ecclesiastics made a brief return during the reign of Mary I, but thereafter, almost all Lord Chancellors have been laymen. Mary I (18 February 1516 &ndash 17 November 1558 was Queen of England and Queen of Ireland from 19 July 1553 until her death

The Office

Formerly, when the office was held by ecclesiastics, a "Keeper of the Great Seal" acted in the Lord Chancellor's absence. Keepers were also appointed when the office of Lord Chancellor fell vacant, and discharged the duties of the office until an appropriate replacement could be found. When Elizabeth I became Queen, Parliament passed an Act providing that a Lord Keeper of the Great Seal would be entitled to "like place, pre-eminence, jurisdiction, execution of laws, and all other customs, commodities, and advantages" as a Lord Chancellor. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. The Lord Keeper of the Great Seal of England, and later of Great Britain, was formerly an officer of the English Crown charged with physical custody of the Great The only difference between the two offices is the mode of appointment—a Lord Chancellor is appointed by formal letters patent, but a Lord Keeper is appointed by the delivery of the Great Seal into his custody. Letters patent are a type of Legal instrument in the form of an Open letter issued by a Monarch or Government, granting an office right

Formerly, it was customary to appoint commoners to the office of Lord Keeper, and peers to the office of Lord Chancellor. A Lord Keeper who acquired a peerage dignity would subsequently be appointed Lord Chancellor. The last Lord Keeper was Robert Henley, who was created a Baron in 1760 and was appointed Lord Chancellor in 1761. Robert Henley 1st Earl of Northington PC (c 1708 - 14 January 1772) Lord Chancellor of Great Britain, was the second Since then, commoners as well as peers have been appointed to the post of Lord Chancellor; however, until the 21st-century changes to the office, a commoner would normally have been created a peer shortly after his appointment.

It is also possible to put the office of Lord Chancellor into commission (that is to say, to entrust the office to a group of individuals rather than a single person). The individuals who exercise the office become known as "Lords Commissioners of the Great Seal. " Lords Commissioners of the Great Seal have not been appointed since 1836.

Formerly, there were separate Chancellors of England, Scotland and Ireland. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world When the Kingdom of England and the Kingdom of Scotland united to form the Kingdom of Great Britain under the Act of Union 1707 the offices of the Chancellor of England and the Lord Chancellor of Scotland were combined to form a single office of Lord Chancellor for the new state. The Kingdom of England was a State (927-1707 located in Western Europe dating from the ninth or tenth century to the early eighteenth century when it was legally The Kingdom of Scotland ( Gaelic: Rìoghachd na h-Alba, Scots: Kinrick o Scotland) was a State in northwest Europe The Kingdom of Great Britain, also known as the United Kingdom of Great Britain, was a State in northwest Europe, in existence from 1707 to 1800 The Acts of Union were a pair of Parliamentary Acts passed during 1706 and 1707 by the Parliament of England and the Parliament of Scotland to put into The Lord Chancellor of Scotland was a Great Officer of State in pre- Union Scotland. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Similar provision was not made when Great Britain and Ireland merged into the United Kingdom under the Act of Union 1800. Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world The phrase Act of Union 1800 (or sometimes Act of Union 1801) (Acht an Aontais 1800 is used to describe two complementary Acts whose official United Kingdom titles are Thus, the separate office of Lord Chancellor of Ireland continued to exist until the formation of the Irish Free State in 1922. The office of Lord Chancellor of Ireland was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922 The Irish Free State (Saorstát Éireann (1922&ndash1937 was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by The office of Lord Chancellor of Ireland was abolished, and its duties transferred to the Governor of Northern Ireland, and later the Secretary of State for Northern Ireland. The Governor of Northern Ireland was the principal officer and representative in Northern Ireland of the British monarch. The Secretary of State for Northern Ireland is the chief minister in the Government of the United Kingdom with responsibilities for Northern Ireland Thus, the Lord Chancellor remains "Lord High Chancellor of Great Britain", and not "Lord High Chancellor of the United Kingdom. " However, the Northern Ireland Court Service is the Lord Chancellor's department in Northern Ireland

Legislative functions

The Lord Chancellor was originally the Speaker (presiding officer) of the House of Lords by right of prescription. The Northern Ireland Court Service runs the Courts of Northern Ireland. Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of The term speaker is a title often given to the presiding officer of a legislative body Time immemorial is a phrase meaning time extending beyond the reach of Memory, record or Tradition. The Constitutional Reform Act 2005 devolved this function onto the Lord Speaker. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. The Lord Speaker is the speaker of the House of Lords in the Parliament of the United Kingdom.

Whenever the Sovereign appoints Lords Commissioners to perform certain actions on his or her behalf (for example, to formally declare in Parliament that the Royal Assent has been granted), the Lord Chancellor serves as the principal or senior Lord Commissioner. The Lords Commissioners are Privy Counsellors appointed by the Monarch of the United Kingdom to exercise on his or her behalf certain functions relating to The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of Lawmaking by formally assenting to an The other Lords Commissioners, by convention, are members of the House of Lords who are Privy Counsellors. Her Majesty's Most Honourable Privy Council is a body of advisors to the British Sovereign. In this role the Lord Chancellor wears Parliamentary Robes—a full-length scarlet wool gown decorated with miniver fur. The Lord Chancellor wears a tricorne hat, but the other Lords Commissioners wear bicorne hats. The tricorne (also tricorn, tri-cornered hat or three-cornered hat) is a style of Hat that was popular during the late 17th century The bicorne or bicorn (two-cornered is an archaic form of hat associated with the late 18th and early 19th centuries

Executive functions

The Lord Chancellor is a member of the Privy Council and of the Cabinet. A privy council is a body that advises the Head of state of a nation on how to exercise their executive authority, typically but not always in the context of a The office he heads was known as the Lord Chancellor's Office between 1885 and 1971 and the Lord Chancellor's Department between 1971 and 2003. The Lord Chancellor's Department was a United Kingdom government department with jurisdiction in England and Wales In 2003 the Department was renamed the Department for Constitutional Affairs and The Lord Chancellor was appointed Secretary of State for Constitutional Affairs. The Department for Constitutional Affairs (DCA was a United Kingdom government department. The office of Secretary of State for Constitutional Affairs was a British Government position created in 2003 In 2007 this post was renamed Secretary of State for Justice and the department became the Ministry of Justice. See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position

The Department headed by the Lord Chancellor has many responsibilities, such as constitutional reform (including reforms of the office of Lord Chancellor itself) and the administration of the courts. Furthermore, the Lord Chancellor has a role in appointing many judges in the courts of England and Wales. Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Senior judges (Lords of Appeal in Ordinary, Lords Justices of Appeal and the Heads of the Divisions of the High Court) are officially appointed by the Sovereign on the advice of the Lord Chancellor, but since 2005 the Lord Chancellor has been advised by an independent Judicial Appointments Commission and can only choose whether to accept or reject its recommendations. The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Judicial Appointments Commission is responsible for selecting Judges in England and Wales. Similarly the Lord Chancellor no longer determines which barristers are to be raised to the rank of Queen's Counsel but merely supervises the process of selection by an independent panel. A barrister is a Lawyer found in many Common law Jurisdictions that employ a split profession (as opposed to a Fused profession) in relation Queen's Counsel ( postnominal QC) &ndash known as King's Counsel ( KC) during the reign of a male sovereign  &ndash are

Custody of the Great Seal of the Realm is entrusted to the Lord Chancellor. The Great Seal of the Realm or Great Seal of the United Kingdom (prior to the Union the Great Seal of England, then Great Seal of Great Britain Documents to which the Great Seal is affixed include letters patent, writs and royal proclamations. In Law, a writ is a formal written order issued by a body with administrative or judicial Jurisdiction. The sealing is actually performed under the supervision of the Clerk of the Crown in Chancery (who holds the additional office of Permanent Secretary to the Lord Chancellor). Since 1885 the office of Clerk of the Crown in Chancery has been combined with that of Permanent Secretary to the Lord Chancellor's Department. The Permanent Secretary, in most departments officially titled the Permanent Under-Secretary of State (although the full title is rarely used is the most senior civil The Lord Chancellor does not maintain custody of the Great Seal of Scotland (which is kept by the First Minister of Scotland) or of the Great Seal of Northern Ireland (which is kept by the Secretary of State for Northern Ireland). The First Minister of Scotland (Prìomh Mhinistear na h-Alba First Meinister o Scotland is the head of the devolved Scottish

Judicial functions

The judicial functions of the Lord Chancellor (as opposed to his role in the administration of the court system) were removed by the Constitutional Reform Act 2005.

Formerly, the Lord Chancellor performed several different judicial roles. He sat as a Judge in the Judicial Committee of the House of Lords (the highest domestic Court in the United Kingdom), and was a member of the Judicial Committee of the Privy Council (the senior Court of the British Empire and, latterly, parts of the Commonwealth). The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 He was the President of the Supreme Court of England and Wales, and therefore supervised the Court of Appeal of England and Wales, the High Court of Justice of England and Wales and the Crown Court of England and Wales. Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England For the TV programme see Crown Court (TV series. The Crown Court of England and Wales is together with the High Court of Justice He was also, ex officio, a judge in the Court of Appeal and the President of the Chancery Division. C D E In modern times, these judicial functions were exercised very sparingly. The functions in relation to the House of Lords and the Judicial Committee of the Privy Council were usually delegated to the Senior Lord of Appeal in Ordinary. The task of presiding over the Chancery Division was delegated to the Vice-Chancellor, a senior judge (now known as the Chancellor of the High Court). The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. Most Lords Chancellor by the end of the twentieth century gave judgments only in cases reaching the House of Lords. The last Lord Chancellor to preside as a Judge was Lord Irvine of Lairg, who did so as a member of the Judicial Committee of the House of Lords. Alexander Andrew Mackay Irvine Baron Irvine of Lairg, PC, QC (born 23 June 1940 known as Derry Irvine, is a British Lawyer and The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. However, concerns were already being expressed, including by the judiciary, at the propriety of a Cabinet Minister sitting as a professional Judge, and his successor, Lord Falconer, never performed such a role, even before his right to do so was abolished. Charles Leslie Falconer Baron Falconer of Thoroton, PC, QC (born 19 November 1951 is a British Barrister and Labour Party

Formerly, when peers had the right to be tried for felonies or for high treason by other peers in the House of Lords (instead of commoners on juries), the Lord High Steward, instead of the Lord Chancellor, would preside. In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. See also Treason, High treason in the United Kingdom High treason is criminal disloyalty to one's country The position of Lord High Steward of England is the first of the Great Officers of State. This also occurred in impeachment trials. Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official (The office of Lord High Steward has generally remained vacant since 1421. Whenever a peer was to be tried in the House of Lords, a Lord High Steward would be appointed pro hac vice [for this occasion]). In many cases, the Lord Chancellor would merely be elevated to the office of Lord High Steward temporarily. Trials of peers in the House of Lords were abolished in 1948, and impeachment is obsolete, so this is unlikely to occur again.

At the beginning of the legal year, the Lord Chancellor officiates at a ceremony in Westminster Abbey in front of all the judges. In English law, the legal year is the calendar during which the judges sit in court The Collegiate Church of St Peter at Westminster, which is almost always referred to by its original name of Westminster Abbey, is a large mainly Gothic church The ceremony is followed by a reception known as the Lord Chancellor's breakfast which is held in Westminster Hall.

From 1867 to 1875, the Lord Chancellor was the highest court officer for Canada until the creation of the Supreme Court of Canada and the office of Chief Justice of the Supreme Court of Canada. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian The Supreme Court of Canada consists of the Chief Justice of Canada ( Juge en chef du Canada) and eight Puisne Justices all appointed by

Ecclesiastical functions

The Lord Chancellor performs various functions relating to the established Church of England. The Church of England is the officially established Christian church in England, the Mother Church of the worldwide Anglican He appoints clergymen in such of the ecclesiastical livings under the patronage of the Crown as are officially listed as being worth less than £20 per annum. Furthermore, he exercises the same prerogative in regard to the less valuable livings in the Duchy of Cornwall when there is no Duke of Cornwall, or when the Duke of Cornwall is a minor. The Dukedom of Cornwall was the first Dukedom created in the Peerage of England. (The heir-apparent to the Crown, if he is the Sovereign's eldest son, is automatically Duke of Cornwall. ) Finally, the Lord Chancellor is in some cases the patron of an ecclesiastical living in his own right. Thus, in total, he appoints clergymen in over four hundred parishes and twelve cathedral canonries. A parish is a Local church; it is an administrative unit typically found in episcopal or presbyterian churches This article is about the history and organisation of the cathedral A canon (from the Latin canonicus, itself derived from the Greek κανωνικος 'relating to a rule' is a priest who is a member of certain bodies of the

By law, the Lord Chancellor must be consulted before appointments may be made to certain ecclesiastical courts. An ecclesiastical court (also called "Court Christian" or "Court Spiritual" is any of certain Courts having Jurisdiction mainly in spiritual or Judges of Consistory Courts, the Arches Court of Canterbury, the Chancery Court of York and the Court of Ecclesiastical Causes Reserved are appointed only after consultation with the Lord Chancellor. The consistory court is a type of Ecclesiastical court, especially within the Church of England. The Arches Court, presided over by the Dean of Arches is an Ecclesiastical court of the Church of England covering the Province of Canterbury The Chancery Court of York is an Ecclesiastical court for the Province of York of the Church of England. The Court of Ecclesiastical Causes Reserved, an Ecclesiastical court, is an Appellate court of the Church of England.

The Lord Chancellor is, ex officio, one of the thirty-three Church Commissioners, who manage the assets of the Church of England. The Church Commissioners is a body managing the historic property assets of the Church of England.

Formerly, Roman Catholics were thought to be ineligible for the office of Lord Chancellor, as the office entailed functions relating to the Church of England. Most legal restrictions on Roman Catholics were lifted by the Catholic Relief Act 1829, which, however, provides, "nothing herein contained shall … enable any Person, otherwise than as he is now by Law enabled, to hold or enjoy the Office of Lord High Chancellor, Lord Keeper or Lord Commissioner of the Great Seal". Catholic Emancipation (Fuascailt na gCaitliceach or Catholic Relief, was a process in Great Britain and Ireland in the late 18th century and early 19th The words "as he is now by Law enabled", however, caused considerable doubt, as it was unclear if Roman Catholics were disqualified from holding the office in the first place. For the removal of all doubt, Parliament passed an Act in 1974, declaring that there was never any impediment to the appointment of a Roman Catholic. The Act nevertheless provided that, if a Roman Catholic were appointed to the office, then the Sovereign may temporarily transfer the Lord Chancellor's ecclesiastical functions to the Prime Minister or another minister.

Other functions

Under the Regency Act 1937, the Lord Chancellor is one of the five persons who participate in determining the capacity of the Sovereign to discharge his or her royal duties—the other individuals so empowered are the Sovereign's spouse, the Speaker of the House of Commons, the Lord Chief Justice of England and Wales and the Master of the Rolls. The Regency Acts are Acts of the British Parliament passed at various times to provide a Regent if the British monarch were to be incapacitated The Lord Chief Justice of England and Wales was historically the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the third most senior judge of England and If any three or more of these individuals, based on evidence that, as required by statute, shall include evidence provided by physicians, determine that the Sovereign suffers from a mental or physical infirmity that prevents him or her from personally discharging the duties of Head of State, the royal functions may be transferred to a Regent. A regent, from the Latin regens "who reigns" is a person selected to act as Head of state (ruling or not because the ruler is a minor

The Lord Chancellor is also the Keeper of the Queen's Conscience. As Keeper of the Queen's Conscience, the Lord Chancellor was once also the chief judge of the Court of Chancery in London, dispensing equity to soften the harshness of the law.

The Lord Chancellor acts as the Visitor of many universities, colleges, schools, hospitals and other charitable organisations throughout the United Kingdom. For the Catholic equivalent see Canonical visitation, and for other uses see Visitor (disambiguation A Visitor, in United When the rules of the organisation do not designate a Visitor, or when a vacancy in the office arises, the Sovereign serves as Visitor, but delegates the functions to the Lord Chancellor. Furthermore, some organisations explicitly provide that the Lord Chancellor is to act as Visitor; these bodies include St. George's Chapel, Windsor, the Royal Institution, Newcastle University and two colleges of the University of Oxford (namely St. Antony's College and University College). The Royal Institution of Great Britain is an organization devoted to scientific education and research based in London. Newcastle University is a leading research intensive University located in Newcastle upon Tyne in the north-east of England. The University of Oxford (informally "Oxford University" or simply "Oxford" located in the city of Oxford, Oxfordshire, England is the St Antony's College is one of the constituent colleges of the University of Oxford in England. University College (in full the The Master and Fellows of the College of the Great Hall of the University of Oxford, colloquially referred to as Univ) is one of

The power to appoint members of certain organisations is vested in the Lord Chancellor. These organisations include the governing bodies of Harrow School, Rugby School and Charterhouse School. Rugby School, located in the town of Rugby, Warwickshire, is a Co-educational Boarding school and one of the oldest public schools Charterhouse, originally Sutton's Hospital in Charterhouse, is a prominent boys independent or public school as they're known in Britain between

Precedence and privileges

The Lord High Chancellor outranks all other Great Officers of State, with the exception of the Lord High Steward, which office, as aforementioned, has generally been vacant since the 15th century. In the United Kingdom, the Great Officers of State are traditional Crown ministers who either inherit their positions or are appointed to exercise certain largely The position of Lord High Steward of England is the first of the Great Officers of State. Under modern conventions, the office of Lord High Steward is only filled on the day of a new monarch's coronation; thus, at all other times, the Lord Chancellor remains the highest ranking Great Officer. The importance of the office is reflected by the Treason Act 1351, which makes it high treason to slay the Lord Chancellor. Main article High treason in the United Kingdom The Treason Act 1351 is an Act of the Parliament of England (25 Edw See also Treason, High treason in the United Kingdom High treason is criminal disloyalty to one's country A Lord High Treasurer would be entitled to the same protection—but the office is now held in commission—as would a judge whilst actually in court, determining a case. The post of Lord High Treasurer or Lord Treasurer is an old English (after 1707, British) government position

The Lord Chancellor's position in the modern order of precedence is an extremely high one; generally, he is outranked only by the Royal Family and high ecclesiastics. An order of precedence is a sequential hierarchy of nominal importance of items The British Royal Family is the group of close relatives of the monarch of the United Kingdom. In England, the Lord Chancellor precedes all non-royal individuals except the Archbishop of Canterbury. The Archbishop of Canterbury is the chief bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion and the In Scotland, he precedes all non-royal individuals except the Lord High Commissioner to the General Assembly of the Church of Scotland. Lord High Commissioner is the style of High Commissioners ie direct representatives of the Monarch, in three cases in the Kingdom of Scotland and the The Church of Scotland (Eaglais na h-Alba known informally by its Scots language name The Kirk, is the National church of Scotland. Although Lord Chancellor "of Great Britain", he maintains a position in the order of precedence in Northern Ireland; there, he outranks all non-royal individuals with the exception of the Anglican and Roman Catholic Archbishops of Armagh, the Anglican and Roman Catholic Archbishops of Dublin and the Moderator of the General Assembly of the Church of Scotland. Primate of All Ireland is a title held by the Archbishops of Armagh, in both the Roman Catholic and Church of Ireland traditions and signifies that within Primate of Ireland is a title possessed by the Roman Catholic and the Anglican Church of Ireland Archbishops of Dublin. The Moderator of the General Assembly of the Church of Scotland is an honorary role held for 12 months Throughout the United Kingdom, the Lord Chancellor technically outranks the Prime Minister, although the latter generally possesses more power. The precedence of a Lord Keeper of the Great Seal is equivalent to that of a Lord Chancellor. The precedence of Lords Commissioners of the Great Seal is much lower (see United Kingdom order of precedence). The Order of precedence in the United Kingdom is different in each of its four constituent member nations

The Lord Chancellor is entitled to an annual emolument of £227,736 and to an annual pension of £106,868. A pension is a steady income given to a person upon Retirement, typically in the form of a guaranteed annuity. The Lord Chancellor's salary is higher than that of any other public official, including even the Prime Minister, although sometimes the officeholder may voluntarily decide to receive a reduced salary.

Reform

In the early 21st Century the combined executive, legislative and judicial functions of the historical office of Lord Chancellor began to be viewed as untenable, as it infringed on the idea of the separation of powers as put forward by Montesquieu (where no one should reside in any more than one of the three branches of government; the Lord Chancellor stood in all three). Separation of powers, a term ascribed to French Enlightenment Political philosopher Baron de Montesquieu, is a model for the Governance It was also considered as possibly inconsistent with the European Convention on Human Rights. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the At the same time, proposals by the Blair Government simply to abolish the office met with opposition from those who felt that such an official is necessary to speak on the judiciary's behalf in the Cabinet, as well as from those who opposed the sudden abolition of so ancient an office. In 2003, Tony Blair chose his close friend and former flatmate Lord Falconer of Thoroton to be Lord Chancellor and Secretary of State for Constitutional Affairs. Anthony Charles Lynton "Tony" Blair (born 6 May 1953 is a British Politician who was Prime Minister of the United Kingdom from 2 May 1997 to Charles Leslie Falconer Baron Falconer of Thoroton, PC, QC (born 19 November 1951 is a British Barrister and Labour Party At the same time, he announced his intention to abolish the office of Lord Chancellor and to make many other constitutional reforms. After much surprise and confusion, it became clear that the ancient office of Lord Chancellor could not be abolished without an Act of Parliament. Lord Falconer of Thoroton duly appeared in the House of Lords to preside from the Woolsack on the next day. The Lord Chancellor's Department, however, was renamed the Department for Constitutional Affairs.

Jack Straw, the incumbent Lord High Chancellor of Great Britain and Secretary of State for Justice.
Jack Straw, the incumbent Lord High Chancellor of Great Britain and Secretary of State for Justice. John Whitaker Straw (born 3 August 1946 most commonly known as Jack Straw, is a senior British Labour Party Politician. See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position

In January 2004, the Department of Constitutional Affairs published a concordat, outlining the division of authoirty between Lord Chancellor and Lord Chief Justice and which was intended as the basis of reform. [1] The Government introduced the Constitutional Reform Bill in the House of Lords in February 2004. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. The Bill sought to abolish the office of Lord Chancellor, and to transfer his functions to other officials: legislative functions to a Speaker of the House of Lords, executive functions to the Secretary of State for Constitutional Affairs and judicial functions to the Lord Chief Justice. The Bill also made other constitutional reforms, such as transferring the judicial duties of the House of Lords to a Supreme Court.

In March 2004, however, the Lords upset the Government's plans by sending the bill to a Select Committee. See also Committee A Select Committee is a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues Although initially seen as a move to kill the bill, the Government and Opposition agreed to permit the Bill to proceed through the parliamentary process, subject to any amendments made by the Committee. On 13 July 2004, the House amended the Constitutional Reform Bill such that the title of Lord Chancellor would be retained, although the Government's other proposed reforms were left intact. Events 1174 - William I of Scotland, a key rebel in the Revolt of 1173-1174, is captured at Alnwick by forces loyal to "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " Then, in November 2004, the Government introduced an amendment in the Lords which wholly removed references to the Secretary of State for Constitutional Affairs, changing them to ones about the Lord Chancellor, with the positions of Secretary of State and Lord Chancellor envisaged as being held by the same person. The final Constitutional Reform Act received royal assent on March 24, 2005 and the major transfers of the historical functions of the Lord Chancellor to were transferred to others (such as the Lord Chief Justice and Lord Speaker) were complete by mid-2006. The Constitutional Reform Act 2005 (2005 c 4 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005. Events 1401 - Mongol emperor Timur sacks Damascus. 1603 - James VI of Scotland Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. The Lord Chief Justice of England and Wales was historically the second-highest judge of the Courts of England and Wales, after the Lord Chancellor. The Lord Speaker is the speaker of the House of Lords in the Parliament of the United Kingdom. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. However the Lord Chancellor and Secretary of State for Constitutional Affairs retained his place as a member of the Cabinet and certain special statutory functions.

Unlike the responsibilities of other Secretaries of State, that can be transferred from one department to another by an order-in-council, several functions of the Lord Chancellor are linked to the office of Lord Chancellor as a matter of statute law, even after the adoption of the Constitutional Reform Act. Those "protected functions" of the Lord Chancellor can only be transferred to other ministers by Act of Parliament [2].

In May 2007, the Department of Constitutional Affairs ceased to exist, and its functions were transferred to a newly created Ministry of Justice, that will also take charge of certain responsibilities that were transferred to it from the Home Office. Lord Falconer, the Lord Chancellor, while retaining that title and office, was appointed the first Secretary of State for Justice. See also Lord Chancellor The Secretary of State for Justice is a United Kingdom cabinet position

In the past, if a person who was not a peer was to be appointed to the office of Lord Chancellor, he would be raised to the peerage upon receiving the appointment. With enactment of the Constitutional Reform Act, 2005 and the subsequent separation of the roles of Lord Chancellor and Speaker of the House of Lords, it is no longer necessary for the Lord Chancellor to be a peer. [3] In June 2007, Jack Straw, an MP, was appointed as Secretary of State for Justice and Lord Chancellor, thus becoming the first Lord Chancellor in history who is a member of the House of Commons, rather than the House of Lords or its predecessor, the Curia Regis. John Whitaker Straw (born 3 August 1946 most commonly known as Jack Straw, is a senior British Labour Party Politician.

Fictional depictions

The most celebrated fictional depiction of a Lord Chancellor occurs in Iolanthe, the comic opera by W. S. Gilbert and Arthur Sullivan. Iolanthe, or The Peer and the Peri, is a Comic opera with music by Arthur Sullivan and libretto by W Comic opera, or light opera, denotes a sung dramatic work of a light or comic nature usually with a happy ending Sir William Schwenck Gilbert (18 November 1836 &ndash 29 May 1911 was an English Dramatist, librettist, poet and illustrator best known for his fourteen Sir Arthur Seymour Sullivan MVO (13 May 1842 &ndash 22 November 1900 was an English composer of Irish and Italian descent best known for his operatic The Lord Chancellor is the central character in the work but is identified only by his title. The action concerns a group of fairies who become romantically involved with members of the House of Lords. A fairy (also fay, fey, fae, faerie; collectively wee folk, good folk, people of peace, fair The Lord Chancellor, who serves as guardian to wards of the Court of Chancery, is worried, because he has developed feelings for a ward of court. In Law, a ward is someone placed under the protection of a Legal guardian. The character sings a patter song, "The Nightmare Song", about his mental anguish caused by unrequited love. The patter song is a staple of Comic opera, but it has also been used in musicals and other situations In dialogue, the Lord Chancellor, in another reference to his romantic dilemma, complains "ah, my Lords, it is indeed painful to have to sit upon a Woolsack stuffed with such thorns as these!"

William H. Rehnquist, then Chief Justice of the United States, was inspired to add four golden stripes to the sleeves of his judicial robes after seeing the costume of the Lord Chancellor in a production of Iolanthe. The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. William Hubbs Rehnquist (October 1 1924 – September 3 2005 was an American lawyer, jurist, and a political figure who served as an Associate Justice The Chief Justice of the United States is the head of the judicial branch of the government of the United States, and presides over the U The current Chief Justice, John G. Roberts Jr., has not continued the practice. John Glover Roberts Jr (born January 27 1955) is the seventeenth and current Chief Justice of the United States.

A fictional Lord Chancellor also appears in Charles Dickens' novel Bleak House (also identified only by title), presiding over the interminable chancery case of Jarndyce and Jarndyce. Bleak House is the ninth Novel by Charles Dickens, published in twenty monthly installments between March 1852 and September 1853 Jarndyce and Jarndyce is a fictional court case in Chancery in the novel Bleak House by Charles Dickens.

See also

References

  1. ^ The Lord Chancellor's judiciary-related functions: Proposals. The following is a list of Lord Chancellors and Lord Keepers of the Great Seal of England and Great Britain. The Lord Chancellor of Scotland was a Great Officer of State in pre- Union Scotland. The Lord Privy Seal or Lord Keeper of the Privy Seal is the fifth of the Great Officers of State in the United Kingdom ranking beneath the The Alienation Office was a British Government body charged with regulating the 'alienation' or transfer of Feudal lands without a licence from the Government Department of Constitutional Affairs (January 2004). Retrieved on 2008-03-05. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 363 - Roman Emperor Julian moves from Antioch with an army of 90000 to attack the Sassanid Empire, in a  “Since referred to as 'the agreement' and also 'the concordat'”
  2. ^ http://www.opsi.gov.uk/ACTS/acts2005/50004
  3. ^ In his memoirs Lord Simon (Lord Chancellor 1940-1945) writes "It is not constitutionally necessary that the Lord Chancellor should be a Peer (Sir Thomas More was not, for one), but this is practically inevitable, for otherwise he would be limited to the formal business of presiding and "putting the Question" and be unable to take the smallest part in debate. John Allsebrook Simon 1st Viscount Simon GCSI GCVO OBE PC ( 28 February 1873 &ndash 11 January 1954 Sir Thomas More (7 February 1478 – 6 July 1535 from 1935 Saint Thomas More, was an English Lawyer, author and statesman who in his lifetime gained The theory is that the Woolsack itself, and, I suppose, the space immediately in front of it, do not form part of the debating floor, and that is the reason why, when the Lord Chancellor takes part in any discussion - even when only moving the reading of a Bill - he steps nimbly to the left and thus speaks while standing on what is in the full sense Lords' territory. The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. " Simon, John Simon, 1st Viscount Retrospect: The Memoirs of the Rt. John Allsebrook Simon 1st Viscount Simon GCSI GCVO OBE PC ( 28 February 1873 &ndash 11 January 1954 Hon. Viscount Simon G.C.S.I., G.C.V.O. (London; Hutchinson, 1952), page 255. The article is about the order of chivalry known as "Star of India" The Royal Victorian Order (RVO is a Dynastic order of knighthood and a house order of chivalry in the Commonwealth realms Created by Queen Victoria London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. Hutchinson & Co was an English book Publisher. It merged with Century Publishing in 1985 to form Century Hutchinson and was folded into Random House UK in 1989 Year 1952 ( MCMLII) was a Leap year starting on Tuesday (link will display full calendar of the Gregorian calendar.

Bibliography


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