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88-561: The ICLR was founded in 1865 by W. T. S. Daniel QC , and its first meeting took place on 25 February at Westminster Hall , then the home of the Court of King's Bench , the Court of Common Pleas and the Court of Chancery . The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference", the council "was not intended to be profit making except in so far as it

176-530: A canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. Greek kanon / Ancient Greek : κανών , Arabic qaanoon / قانون , Hebrew kaneh / קָנֶה , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English word cane . In

264-851: A Christian organization or church and its members. Canon law includes the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches ), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion . The way that such church law is legislated , interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions,

352-713: A KC in Scotland in 1948. In Australia, the first QC appointed was Roma Mitchell , appointed 1962, who later became the first female Justice of the Supreme Court of South Australia (1965), and then the first female Acting Chief Justice. In 1994, solicitors of England and Wales became entitled to gain rights of audience in the higher courts, and some 275 were so entitled in 1995. In 1995, these solicitors became entitled to apply for appointment as Queen's Counsel. The first two solicitors were appointed on 27 March 1997, out of 68 new QCs. These were Arthur Marriott, partner in

440-578: A convenient form, at a moderate price, and under gratuitous professional control, of [The Law] Reports of Judicial Decisions of the Superior and Appellate Courts in England and Wales . The ICLR also has a set of criteria for law reporting, originally proposed by Nathaniel Lindley (who later became Master of the Rolls and subsequently a Lord of Appeal ), which said that care should be taken to exclude from

528-555: A junior barrister, and led the direction of the case. The junior barrister on a case could not disagree with the direction determined by the senior barrister. On colonial appeals to the Judicial Committee of the Privy Council , established in 1833, the rule originally was that the case had to be led by a Queen's Counsel from England, even if the colonial counsel held the same rank in the colonial courts. This rule

616-474: A junior barrister, and they had to have barristers' chambers in London. These restrictions had a number of consequences: they made the taking of silk something of a professional risk, because the appointment abolished some of the staple work of the junior barrister; they made the use of leading counsel more expensive, and therefore ensured that they were retained only in more important cases; and they protected

704-476: A major contribution to the law of England and Wales but who operate outside court practice. Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were appointed QC, if they wished, on reaching a certain level of seniority of around fifteen years at the bar. Such appointments were sometimes known as "courtesy" or even "false" silk, and also as "nylons". In

792-557: A patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603. The right of precedence before the Court granted to Bacon became a hallmark of the early King's Counsel. True to their name, King's and Queen's Counsel initially were representatives of the Crown. The right of precedence and pre-audience bestowed upon them – a form of seniority that allowed them to address

880-511: A screening committee of members of the judiciary and the legal community, which submitted recommendations for appointment to the Minister of Justice and Solicitor General and Cabinet for consideration, who in turn recommends names to Cabinet. In 2020, the province designated over 130 lawyers as Queen's Counsel, and another round of appointees in February 2022. King's Counsel are appointed by

968-534: A supervisory role in litigation. In practice this meant that the practitioner would review and revise the written pleadings of their junior. Initially the status of QC was reserved first for law officers ( Lord Advocate and Solicitor General for Scotland ) and soon after for the Dean of the Faculty of Advocates. In 1897, a petition by the Faculty of Advocates for the establishment of a Scottish roll of Queen's Counsel

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1056-533: A vigorous campaign was mounted in defence of the system. Supporters included those who considered it as an independent indication of excellence to those (especially foreign commercial litigants) who did not have much else to go on, and those who contended that it was a means whereby the most able barristers from ethnic minorities could advance and overcome prejudice as well as better represent members of an increasingly diverse society. The government's focus switched from abolition to reform and, in particular, reform of

1144-541: Is a choice'." This series is divided into four main sub-series: Additional reports published by the ICLR include The Weekly Law Reports (W.L.R.), started in 1953 and covering what the ICLR describe as "the cases that really matter, which either develop the law in some way or introduce a new point of law"; the Industrial Cases Reports (I.C.R.), started in 1975 and covering cases of employment law heard in

1232-538: Is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Indirectly, canon law has significant influence in contemporary society. Catholic Canonical jurisprudential theory generally follows the principles of Aristotelian - Thomistic legal philosophy . While the term "law" is never explicitly defined in the Catholic Code of Canon Law,

1320-480: Is known informally as taking silk and KCs are often colloquially called silks . Appointments are made from within the legal profession on the basis of merit and not a particular level of experience. Successful applicants are normally barristers , or in Scotland, advocates , with at least 15 years of experience. In most Canadian jurisdictions, the designation is regulated by formal statute, such as, for example, "King's Counsel Act" of British Columbia, that requires

1408-728: Is made on the recommendation of the Lord Justice General to the First Minister of Scotland , formerly the Secretary of State for Scotland . In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is designated as King's Counsel, Solicitor Advocate . An award of King's Counsel honoris causa (honorary KC) may be made to lawyers who have made

1496-470: Is organised as the Faculty of Advocates and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. The Scottish bar did have a concept of senior counsel before the introduction of the formal rank of Queen's Counsel. An advocate would self-declare that they were 'giving up writing', meaning that they would no longer draft pleadings and move onto

1584-582: The Catechism of the Catholic Church cites Aquinas in defining law as "an ordinance of reason for the common good, promulgated by the one who is in charge of the community" and reformulates it as "a rule of conduct enacted by competent authority for the sake of the common good". The law of the Eastern Catholic Churches in full communion with the Roman papacy was in much the same state as that of

1672-509: The Church of England , the ecclesiastical courts that formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e.g. discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 12th century when the Normans split them off from

1760-554: The Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II . Roman Catholic canon law is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. One example where conflict between secular and canon law occurred

1848-977: The Eastern , fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions which are part of the Ante-Nicene Fathers . Jus novum ( c.  1140 -1563) Jus novissimum ( c.  1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of

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1936-491: The Elliott Report , that the royal oath should be dropped and replaced by a more neutral statement. It suggested that, instead of declaring services to Queen Elizabeth, barristers should "sincerely promise and declare that I will well and truly serve all whom I may lawfully be called to serve in the office of one of Her Majesty's Counsel, learned in the law according to the best of my skill and understanding". In 1997,

2024-607: The Inland Revenue to the Court of Appeal, who were joint defendants with the Attorney General , it was held that "the Council was established for exclusively charitable purposes since its purpose was to further the development and administration of the law and to make it known or accessible to all members of the community, which was a purpose beneficial to the community and of general public utility." In 1970, then,

2112-915: The Law Society of British Columbia . A recipient must have at least five years' standing at the bar of British Columbia. In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the Provincial Court , the president of the British Columbia Branch of the Canadian Bar Association and the deputy attorney general . Candidates must be acknowledged by their peers as leading counsel, have demonstrated exceptional qualities of leadership in

2200-607: The Lord Chancellor , but without comment on individual applications. The Lord Chancellor supervises the process and reviews the panel's recommendations in general terms (to be satisfied that the process as operated is fair and efficient). Application forms under the new system were released in July 2005 and the appointment of 175 new Queen's Counsel was announced on 20 July 2006. A total of 443 people had applied (including 68 women, 24 ethnic minority lawyers, and 12 solicitors). Of

2288-624: The Lord Chief Justice , Sir Robert Carswell , wrote "I have little doubt myself that this is all part of an ongoing politically-based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect". In 2000, the Northern Ireland High Court ruled in the barristers' favour. After more wrangling, the barristers were permitted to make "a more neutral statement" of commitment to principles. The independent bar

2376-574: The Oath of Supremacy , which Daniel O'Connell refused as a Roman Catholic . Despite being the most prominent and best-paid barrister in Ireland, he was a junior counsel for 30 years until granted a patent of precedence in 1831. From the beginning, KCs were not allowed to appear against the Crown without a special licence, but this was generally given as a formality. This stipulation was particularly important in criminal cases, which are mostly brought in

2464-484: The adversarial form of proceeding found in the common law system of English and U.S. law, which features such things as juries and single judges. The institutions and practices of Catholic canon law paralleled the legal development of much of Europe, and consequently, both modern civil law and common law bear the influences of canon law. As Edson Luiz Sampel, a Brazilian expert in Catholic canon law, says, canon law

2552-409: The 175 appointed, 33 were women, 10 were ethnic minorities, and four were solicitors. Six people were also appointed QC honoris causa . The title of KC continues to be used. In 1998 two Northern Ireland barristers ( Seamus Treacy and Barry Macdonald) opposed the requirement of swearing an oath of allegiance to the Crown. The Bar Council, the body which represents barristers' interests, had agreed, in

2640-482: The 1990s, it was felt that the practice of granting silk to MPs in this way, without considering their abilities, devalued the rank and the practice was abolished. However, for now the practice persists for law officers of the Crown. Former Attorney General for England and Wales Jeremy Wright was not a QC when he was appointed, a subject which attracted some comment. Despite not having practised law for some time, Wright took silk shortly after his appointment, which

2728-615: The 74 Senior Counsel appointed in Queensland before the reintroduction of Queen's Counsel in June 2013, only four opted to retain their title of Senior Counsel. In 2014, Victoria also restored the rank of Queen's Counsel, by way of making new appointments first as Senior Counsel, but then giving the option to seek appointment as Queen's Counsel by letters patent. In 2019, the South Australian Government announced it

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2816-532: The Anglican Communion; (2) Their existence can be factually established; (3) Each province or church contributes through its own legal system to the principles of canon law common within the Communion; (4) these principles have strong persuasive authority and are fundamental to the self-understanding of each of the member churches; (5) These principles have a living force, and contain within themselves

2904-756: The Commonwealth Government followed over the next 15 years, including the ACT in 1995, Victoria in 2000, Western Australia in 2001, Tasmania in 2005, and South Australia in 2008. In the Northern Territory , the rank of King's Counsel was never formally abolished, but in 2007 the rules of the Territory's Supreme Court were amended to facilitate the appointment of Senior Counsel by the Chief Justice. Those appointed QC before

2992-620: The Hagiorite , has compiled canons and commentaries upon them in a work known as the Pēdálion ( ‹See Tfd› Greek : Πηδάλιον , 'Rudder'), so named because it is meant to "steer" the church in her discipline. The dogmatic determinations of the Councils are to be applied rigorously since they are considered to be essential for the church's unity and the faithful preservation of the Gospel. In

3080-1059: The House of Lords, the Court of Appeal, the High Court, the Employment Appeal Tribunal and the European Court of Justice , as well as "cases of special interest" from the Privy Council, the Court of Session and employment tribunals ; The Business Law Reports (Bus. L.R.), started in 2007 and covering company , commercial and intellectual property law; and The Public and Third Sector Law Reports (P.T.S.R.), started in 2009 and covering issues such as adoption , charity, ecclesiastical law , education , environmental law , health law , housing , human rights , local government , public health law and social welfare . It also published annual volumes of U.K. legislation from 1866 to 2010. Most of its reports were available electronically on Westlaw and LexisNexis until

3168-546: The ICLR was successfully registered as a charity in England and Wales. Currently chaired by Richard Fleck CBE, the ICLR's council consists of members nominated by each of the Inns of Court and by the General Council of the Bar , and is based on Chancery Lane , London. According to the company's memorandum of association , the ICLR was established with the following principal aim: The preparation and publication, in

3256-674: The Latin Church before 1917; much more diversity in legislation existed in the various Eastern Catholic Churches. Each had its own special law, in which custom still played an important part. One major difference in Eastern Europe however, specifically in the Eastern Orthodox Christian churches, was in regards to divorce. Divorce started to slowly be allowed in specific instances such as adultery being committed, abuse, abandonment, impotence, and barrenness being

3344-672: The London office of the Wilmer Cutler Pickering Hale and Dorr , and Lawrence Collins , a partner in the City of London law firm Herbert Smith . Collins was subsequently appointed a High Court judge and ultimately a Justice of the Supreme Court of the United Kingdom . The appointment of new Queen's Counsel was suspended in 2003, and it was widely expected that the system would be abolished. However,

3432-466: The Privy Council , that: The exact position occupied by a Queen's Counsel duly appointed is a subject which might admit of a good deal of discussion. It is in the nature of an office under the Crown, although any duties which it entails are almost as unsubstantial as its emoluments; and it is also in the nature of an honour or dignity to this extent, that it is a mark and recognition by the Sovereign of

3520-597: The Solicitor General. It is still the rule that junior counsel must follow the lead of senior counsel in pleading a case, and cannot depart from senior counsel's approach to the issues. The first woman appointed King's Counsel was Helen Kinnear in Canada in 1934. The first women to be appointed as King's Counsel in England and Wales were Helena Normanton and Rose Heilbron in 1949. They were preceded by Margaret Kidd KC (later Dame Margaret Kidd QC) appointed

3608-551: The activities of Catholics toward the mission of the church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West. In the Latin Church , positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law , derive formal authority in the case of universal laws from the supreme legislator (i.e., the Supreme Pontiff ), who possesses

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3696-498: The appointment of Senior Counsel is not by letters patent, when a Senior Counsel takes office, there is no doctrinal reason why the title of Senior Counsel is lost. However, this is customarily not done, and the New South Wales Bar Association instructs that "KC" and "SC" postnominals should not be used for superior court judges. In Canada, both the federal government and the provincial governments have

3784-494: The beginning of 2017, when the ICLR instead published its reports exclusively on its platform. Queen%27s Counsel A King's Counsel ( post-nominal initials KC ) is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel ( QC ). The position originated in England and Wales. Some Commonwealth countries have retained

3872-529: The bench and the bar, who give advice to the relevant Attorney General on appointments. The reforms have been designed to make the award a recognition of merit by individual members of the bar, often coupled with community service. The federal government stopped appointing Queen's Counsel in 1993, but resumed the practice in 2013 under the Harper Ministry . Appointments are recommended by the Minister of Justice, assisted by an advisory committee. In 2014,

3960-512: The candidates to have a minimum five years of experience, and to have made an outstanding contribution to the practice of law with high professional standards and good character and repute. The attorney general , solicitor-general and king's serjeants were King's Counsel in Ordinary in the Kingdom of England . The first Queen's Counsel Extraordinary was Sir Francis Bacon , who was given

4048-445: The change in each jurisdiction were permitted to retain the old title. In the 2010s, some states moved to revert to the old title of Queen's Counsel. In 2013, Queensland restored the rank of Queen's Counsel. Those appointed Senior Counsel before the reintroduction of Queen's Counsel were given the option of retaining their old title or seeking appointment as Queen's Counsel, while all new appointments would be as Queen's Counsel only. Of

4136-627: The constitutional authority to appoint a lawyer as King's Counsel. During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law" but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French ( conseiller de la reine or conseillère de la reine for a female counsel). During the reign of a king, the title is "King's Counsel" or "K.C." in English, but continues to be "c.r." in French ( conseillier du roi or conseillière du roi ). Lawyers continue to be appointed King's Counsel by

4224-450: The court before others – allowed for the swift resolution of Crown litigation. The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. The attorney-general and solicitor-general had similarly succeeded the king's serjeants as leaders of the Bar in Tudor times, though not technically senior until 1623, except for

4312-406: The designation, while others have either abolished the position or renamed it so as to remove monarchical connotations — for example, " Senior Counsel " or "Senior Advocate". Appointment as King's Counsel is an office recognised by courts . Members in the UK have the privilege of sitting within the inner bar of court. As members wear silk gowns of a particular design, appointment as King's Counsel

4400-538: The evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum , the jus novum , the jus novissimum and the Code of Canon Law . In relation to the Code, history can be divided into the jus vetus (all law before the Code) and the jus novum (the law of the Code, or jus codicis ). The canon law of the Eastern Catholic Churches , which had developed some different disciplines and practices, underwent its own process of codification, resulting in

4488-477: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life In the Catholic Church , canon law is the system of laws and legal principles made and enforced by the church's hierarchical authorities to regulate its external organization and government and to order and direct

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4576-414: The federal government and by nine of the ten Canadian provinces . The award has been criticised in the past on the basis that appointment as King's Counsel depended largely on political affiliation. However, in those provinces which continue to appoint lawyers as King's Counsel reforms have been made to de-politicise the award. Candidates are increasingly screened by committees composed of representatives of

4664-459: The fourth century, the First Council of Nicaea (325) calls canons the disciplinary measures of the church: the term canon, κανὠν, means in Greek, a rule. There is a very early distinction between the rules enacted by the church and the legislative measures taken by the state called leges , Latin for laws. The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in

4752-402: The government appointed seven lawyers as Queen's Counsel. All were employed in the federal public service. Since 2015, under the Trudeau Ministry , federal appointments as a Queen's Counsel (or King's Counsel since 8 September 2022) has been limited to the Attorney General of Canada . Jody Wilson-Raybould was appointed as Queen's Counsel when she served as Attorney General and David Lametti

4840-421: The main five rites (groups) of churches which are in full union with the Holy See and the Latin Church: All of these church groups are in full communion with the Supreme Pontiff and are subject to the Code of Canons of the Eastern Churches . The Catholic Church has what is claimed to be the oldest continuously functioning internal legal system in Western Europe , much later than Roman law but predating

4928-421: The mixed secular/religious county and local courts used by the Saxons. In contrast to the other courts of England, the law used in ecclesiastical matters is at least partially a civil law system, not common law , although heavily governed by parliamentary statutes. Since the Reformation , ecclesiastical courts in England have been royal courts. The teaching of canon law at the Universities of Oxford and Cambridge

5016-531: The much-criticised "secret soundings" of judges and other establishment legal figures upon which the old system was based. This was held to be inappropriate and unfair given the size of the modern profession, as well as a possible source of improper government patronage (since the final recommendations were made by the Lord Chancellor, who is a member of the government), and discriminatory against part-time workers, women, and ethnic minorities. In November 2004, after much public debate in favour of and against retaining

5104-463: The name of the Crown. The result was that, until 1920 in England and Wales , KCs had to have a licence to appear in criminal cases for the defence. King's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from drafting pleadings alone; a junior barrister had to be retained. They could not appear in judges' chambers or inferior courts, either, other than in exceptional cases. They were not permitted to appear in court without

5192-426: The number of Queen's Counsel was seventy. In 1882, the number of Queen's Counsel was 187. The list of Queen's Counsel in the Law List of 1897 gave the names of 238, of whom hardly one third appeared to be in actual practice. In 1959, the number of practising Queen's Counsel was 181. In each of the five years up to 1970, the number of practising Queen's Counsel was 208, 209, 221, 236 and 262, respectively. In each of

5280-411: The option of changing their post-nominal to QC. With the death of Queen Elizabeth II, the Australian Bar Association confirmed that all existing Queen's Counsel would become King's Counsel automatically. When taking judicial office in a superior court, a barrister loses the title of King's Counsel and only regains it if new letters patent are issued after the person leaves office. Conversely, since

5368-414: The prestige of the serjeants and their priority before the courts. The earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were King's Counsel, a proportion of about 8.5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice (i.e., excluding pupil barristers and employed barristers). In 1839,

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5456-449: The primary justifications for divorce. Eventually, the church began to allow remarriage to occur (for both spouses) post-divorce. In 1929 Pius XI informed the Eastern Churches of his intention to work out a Code for the whole of the Eastern Church. The publication of these Codes for the Eastern Churches regarding the law of persons was made between 1949 through 1958 but finalized nearly 30 years later. The first Code of Canon Law (1917)

5544-449: The process involves a committee made up of senior members of the State's bar, and usually a non-practising former barrister such as a retired judge. The committee then consults with judges, peers, and law firms on the applicant's suitability for the position. The selection committee deliberates in private, and reasons for the decisions are not published. From 1993, the Commonwealth and most state and territory governments began to replace

5632-410: The profession, giving the holder certain rights and privileges in the courts. They were ranked as senior counsel, and took precedence in argument after the Attorney General and the Solicitor General of England. Barristers who were not King's (or Queen's) Counsel were termed junior barristers , and followed senior barristers in argument. King's (or Queen's) Counsel normally always appeared in courts with

5720-403: The profession, or have done outstanding work in legal scholarship. In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees. Canon law Canon law (from Ancient Greek : κανών , kanon , a 'straight measuring rod, ruler ') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of

5808-437: The professional eminence of the counsel upon whom it is conferred. Until the late 19th century, some barristers were granted a patent of precedence in order to obtain the same precedence as a KC without the concomitant restrictions. King's Counsel were originally considered an office of profit and hence, under the Act of Settlement 1701 , incompatible with membership of the House of Commons . KCs were also required to take

5896-399: The provincial Cabinet on the advice of the Attorney General of British Columbia . No more than 7% of the bar of British Columbia can be awarded the designation. Before making the recommendation to Cabinet, the Attorney General is required by statute to consult with the Chief Justice of British Columbia , the Chief Justice of the Supreme Court of British Columbia , and two lawyers appointed by

5984-442: The reports those cases that passed without discussion and were valueless as precedents, and those that were substantially repetitions of earlier reports to which was added the following list of valuable (and thus worthy of reporting) categories: The primary series of reports published by the ICLR is The Law Reports , which the council maintains are "'the most authoritative reports' and should always be 'cited in preference where there

6072-409: The study of canon law. Much of Catholic canon law's legislative style was adapted from the Roman Code of Justinian . As a result, Roman ecclesiastical courts tend to follow the Roman Law style of continental Europe with some variation, featuring collegiate panels of judges and an investigative form of proceeding, called " inquisitorial ", from the Latin "inquirere", to enquire. This is in contrast to

6160-408: The title of Queen's Counsel and appointment by letters patent with the title Senior Counsel as an honorific conferred by the legal profession, a trend that would reverse in the 2010s. There is no difference in status between a King's Counsel and a Senior Counsel. The first states to change to the title of Senior Counsel were New South Wales in 1993 and Queensland in 1994. Most other states and

6248-412: The title, the government announced that appointments of Queen's Counsel in England would be resumed but that future appointees would be chosen not by the government but by a nine-member panel, the Queen's Counsel Selection Panel , chaired by a lay person, to include two barristers, two solicitors, one retired judge, and three non-lawyers. Formally, the appointment remains a royal one made on the advice of

6336-408: The totality of legislative, executive, and judicial power in his person, while particular laws derive formal authority from a legislator inferior to the supreme legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition, and therefore extending beyond what is taken as revealed truth . The Catholic Church also includes

6424-420: The two senior king's serjeants, and 1813, respectively. King's Counsel came to prominence during the early 1830s, prior to which they were relatively few in number. It became the standard means to recognise a barrister as a senior member of the profession, and the numbers multiplied accordingly. It became of greater professional importance to become a KC, and the serjeants gradually declined. The KCs inherited

6512-401: The work of the junior bar, which could not be excluded by the retention of leading counsel. By the end of the twentieth century, however, all of these rules had been abolished. Appointment as QC has been said to be a matter of status and prestige only, with no formal disadvantages. In the 21st century, King's Counsel continue to have the seniority in audience, following the Attorney General and

6600-408: The years 1973 to 1978, the number of practising Queen's Counsel was 329, 345, 370, 372, 384 and 404, respectively. In 1989, the number of practising Queen's Counsel was 601. In each of the years 1991 to 2000, the number of practising Queen's Counsel was 736, 760, 797, 845, 891, 925, 974, 1006, 1043, and 1072, respectively. In the 19th century in England, the position was primarily one of rank within

6688-502: Was abolished by the Criminal Law Act 1827 . The academic degrees in Catholic canon law are the J.C.B. ( Juris Canonici Baccalaureatus , Bachelor of Canon Law, normally taken as a graduate degree), J.C.L. ( Juris Canonici Licentiatus , Licentiate of Canon Law ) and the J.C.D. ( Juris Canonici Doctor , Doctor of Canon Law ). Because of its specialized nature, advanced degrees in civil law or theology are normal prerequisites for

6776-471: Was abrogated by Henry VIII ; thereafter practitioners in the ecclesiastical courts were trained in civil law , receiving a Doctor of Civil Law (D.C.L.) degree from Oxford , or a Doctor of Laws ( LL.D. ) degree from Cambridge . Such lawyers (called "doctors" and "civilians") were centered at " Doctors Commons ", a few streets south of St Paul's Cathedral in London, where they monopolized probate , matrimonial, and admiralty cases until their jurisdiction

6864-561: Was also going to reinstate the title of Queen's Counsel, and most eligible took the opportunity. The Commonwealth appointed Queen's Counsel until March 2007. On 8 July 2010, Gillard government Attorney-General Robert McClelland appointed the first Commonwealth "Senior Counsel". In March 2014, Attorney-General George Brandis QC announced that the Commonwealth would revert to using the title of Queen's Counsel for new appointments and would give all existing Commonwealth Senior Counsel

6952-470: Was appointed a Queen's Counsel on 15 April 2019. However, Arif Virani , Attorney General of Canada since July 2023, does not appear to have received a federal King's Counsel appointment. The provincial Cabinet appoints lawyers, of at least 10 years' standing, as King's Counsel. Traditionally, the appointments are made every second year, but no appointments were made between 2016 and 2020. The nomination process resumed in 2019. Applications are reviewed by

7040-525: Was approved, and the names of the first appointees were published in the Edinburgh Gazette on September 3, 1897. By decision of Lord President Robertson , these first Scottish Queen's Counsel were not required to make a declaration not to act against the Crown, and so Scottish King's Counsel have never been required to obtain a licence to plead in order to do so. In 2005, there were more than 150 QCs in Scotland. The appointment of King's Counsel

7128-469: Was criticised by some as a breach of the protocol against "courtesy silk". Similarly when Harriet Harman was appointed as Solicitor General she was made a QC. Suella Braverman took silk on 25 February 2020; earlier that month she had, like Wright, been appointed Attorney General. Upon the death of Queen Elizabeth II and the succession of Charles III , the General Council of the Bar wrote that all QC titles changed to KC "with immediate effect". This

7216-606: Was exclusively for the Latin Church , with application to the Eastern Churches only "in cases which pertain to their very nature". After the Second Vatican Council (1962 - 1965), the Vatican produced the Code of Canons of the Eastern Churches which became the first code of Eastern Catholic Canon Law. The Eastern Orthodox Church , principally through the work of 18th-century Athonite monastic scholar Nicodemus

7304-452: Was in the English legal system, as well as systems, such as the U.S., that derived from it . Here criminals could apply for the benefit of clergy . Being in holy orders, or fraudulently claiming to be, meant that criminals could opt to be tried by ecclesiastical rather than secular courts. The ecclesiastical courts were generally more lenient. Under the Tudors , the scope of clerical benefit

7392-677: Was necessary to make it self-supporting." Working on this principle, the council applied in 1966 for registration to become an official charity under section 4 of the Charities Act 1960 ( 8 & 9 Eliz. 2 . c. 58). Upon rejection by the Charity Commission the council appealed under section 5(3) of the 1960 act, an action granted by Mr Justice Foster in the Chancery Division of the High Court . On appeal by

7480-717: Was not a matter of decision by the Bar Council, nor by the Crown Office. It is the automatic effect of the Demise of the Crown Act 1901 , s 1. King's Counsel are retained in several Commonwealth realms where Charles III is head of state . Appointments in the Commonwealth of Australia are made at both a federal and state level. The selection process varies from state to state. In New South Wales , for example,

7568-602: Was not eliminated until 1884, half a century after the establishment of the Judicial Committee. Gradually, the appointment as King's Counsel or Queen's Counsel shifted from a vocational calling to a badge of honour and prestige. In 1898, Lord Watson noted in his opinion in Attorney General of the Dominion of Canada v. Attorney General for the Province of Ontario, writing on behalf of the Judicial Committee of

7656-610: Was removed to the common law courts in the mid-19th century. Other churches in the Anglican Communion around the world (e.g., the Episcopal Church in the United States and the Anglican Church of Canada ) still function under their own private systems of canon law. In 2002 a Legal Advisors Consultation meeting at Canterbury concluded: (1) There are principles of canon law common to the churches within

7744-471: Was steadily reduced by Henry VII , Henry VIII , and Elizabeth I . The papacy disputed secular authority over priests' criminal offenses. The benefit of clergy was systematically removed from English legal systems over the next 200 years, although it still occurred in South Carolina in 1855. In English Law, the use of this mechanism, which by that point was a legal fiction used for first offenders,

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