A Study Of Judicial Transformation In Early Modern England (1485-1714)

The judicial transformation in the Early Modern Era, when dramatic changes emerged in politics, society, economy and other fields, can be considered as the key chapter in England’s Judicial Modernization. The Reformation, transformation of constitutionalism, reconstruction of social strata, rise of industry and commerce all promoted England to the modern society. For satisfying the requirements of the new age, the English justice, born out of the traditional patterns in the Middle Ages, started its modernization process.The judicial reforms in the Tudors laid the foundation of judicial transformation in Early Modern Times. Along with the rise of the monarchy and the gradual fossilization of the common law, the Equity rose suddenly as a new force. On the one hand, there appeared the professionalization, secularization and judicialization reforms of Chancery, whose power in equity jurisdiction was further expanded. On the other hand, the Tudor kings founded a series of prerogative courts following the principle of equity, which strengthened the equitable judicial system as well.As far as the common law was concerned, common law courts, faced with the challenge of the Equity, began to reform the judicial system to improve their efficiency, such as reforming the writ system and using legal fictions. In addition, common law courts turned to cooperate with the courts of equity achieving their co-existence in harmony, and prevented the political pressure from monarchy with resource to the parliament. The active reform of common law courts maintained common law’s principal position in English laws.The judicial transformation met setback in the early 17th Century. The two kings of Early Stuarts tried to get rid of parliamentary constraints and established personal dictatorship, which resulted in the dramatic conflict with the parliament. The courts took the side of kings and became the instrument of absolutism. However, after the outbreak of the civil war, the parliament overcame the king by force and the courts had been suppressed since then. Firstly, the prerogative courts were all abolished, which led to the suspension of Chancery’s judicial function. Secondly, common law courts fell into disorder and recovered normal till the later period of Revolution. In spite of this, the lessons of experience in this period, especially the idea of judicial reform, cast certain positive effects on later transformation of justice.English justice had progressively accomplished its primary transformation since 1660. The two Stuart kings in Restoration went on strengthening their control over justice. But meanwhile, by the joint efforts of the parliament and lawyers, the reform of judicial system made significant achievements, which were featured by the restriction of legal privileges on monarchy, the preliminary establishment of the due process of law and the independence of the jury, the further reform of the equity and the chancery, and so on. After the Glorious Revolution, the principle of parliamentary sovereignty and sovereignty of law both had been established preliminarily. The parliament provided legislative guarantee for the judicial independence from monarchy and the reforms of the judicial system. Since then, the judicial transformation of Early Modern England had gained its final success.In general, the judicial transformation of the Early Modern England have lasted for more than two centuries and accomplished the basic accomplishment of judicial independence as well as the primary modernization of the judicial organization and procedure. It finished periodic mission of the judicial modernization of England. Nevertheless, the Early Modern transformation was just a primary stage in England’s judicial modernization and there was still a long way to go.