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Issues On The Historic Development Of Lord Chancellor

Posted on:2009-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:B H HuangFull Text:PDF
GTID:2166360242498484Subject:Legal History
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In the process of the history of the world, all those who have attained a long history of ancient civilization, have their own unique legal and cultural system, have their own unique system of justice and judicial tradition. Justice not only is a kind of wisdom, but also an art. The judicial system is one of the most peculiar creation of the spirit, because the justice system is often a strong, focused and highlighted the expression of a arrangement, embodies the concept of justice and judicial tradition to adjustment of social order. The judicial system is an important symbol of a nation's legal system and political civilization. Britain is the founding members of the common law judicial system, an advanced representation of the history of judicial civilization. Britain is a legal precedent country, the is the accelerator of and the promotion of development, therefore, the English law is the law of judiciary .The British justice system has always been close concerned by the domestic and international jurists, especially the comparative law jurists. British Lord Chancellor system is the most distinctive feature of Justice system. Lord Chancellor is the most oldest surviving occupation , and perhaps most complex jobs. In British history, Lord Chancellor was only one official who is senior to the king of England. The position of Lord Chancellor was set in 605 AD, s and abolished in 2003 for the reform of the political system it means the end of history of Lord Chancellor in the United Kingdom for 1398 years. From its origin to development and at last abolishment, the historical development of Lord Chancellor in Great Britain not only reflects the development of judicial system and the formation of the tradition of monocracy in Britain, to some extent also witnessed the British judicial reform process. The historical development of Lord Chancellor not only provided a plentiful of background material and historical information for our analysis of the British judicial traditions and the British judicial reform, but also provided a detailed and accurate material for us to study the British legal culture. Because each one contains a historical events are rich in social, political and cultural connotations, therefore, to really deeply understanding of certain historical events, can obtain the Enlightenment. This paper on the history of the British Justice system changes on the relevant issues, the abolition of the British Justice system and the reality of the reasons for the British judicial tradition.This article has four parts except the prelude and postscript.Part one: The outline of Lord Chancellor. State judicial system is institutionalized form of judicial power, judicial power is the configuration and operation mode of system rules. The common law and equity is a very highlight characteristic in the legal system, such characteristic led to the complexity of court setup in Britain: that is, the common law and equity has its own court system. The Court of Equity including: High Court of Chancery,The Court of Appeal in Requests,The Court of Requests. High Court of chancery is the ancient court of equity organizations.Part two: Lord Chancellor is the heritage of the British legal tradition. The legal profession is the inevitable product of in the social class division and the rule of law civilization and progress. Justice is one of the most important part, they are the guardians of social conscience, they are the embodiment of justice. Lord Chancellor system has extensive and far-reaching impact on the future development of British legal system. Judges have developed a system of the British legal education, promote the scientific progress of British law, promote the rule of law and the legal traditional form, preserving the unique character of the common law and created the rules of equity.Part three: The historical development of Lord Chancellor. The position of Lord Chancellor was first set up in Britain in 605 A.D., its history is longer than the British Premier. Before the reform, Lord Chancellor is not only the President of the Supreme Court, but also the Upper House Speaker, and also serves as the cabinet of the Minister. It has legislative, judicial, administrative powers. Initially, Lord Chancellor is the administrative officials, but with the equity development, he is from executive positions to a judicial office."Lord Chancellor"was the term used to refer to the equity development of the High Court of Chancery the maximum Chief Executive. During this period, the post of Justice has undergone several changes.Part four: The confusion and prospects after the reform. Britain is a prudent nation, and its focus on practical rather than think utopian, prefer tolerance than extreme, in the long history of the world , belonging to the British soul-stirring scene is rare. the earliest nation to implement political change, it set a model for the Western capitalist system of democracy. Modern political system of various factors, such as the separation of powers, national elections, the administration subordinate to legislation, such as the rule of man rather than the rule of law principles, are the earliest formed in Britain. Justice system reform have far-reaching impact on the British judicial system and political system. Reform of Lord Chancellor produced more responsive to the needs of modern British society. Whether such a reform is the mode of transplantation of other countries, whether it take care of the emotion the British people , whether it would affect the judicial tradition of Britain, we are puzzled by these questions, they also need to be resolved。...
Keywords/Search Tags:Lord Chancellor, historic development, Judicial tradition
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