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The Historical Investigation On The Judicial Independence Of The United States Of America From Legal Textual Provisions To The Practical Establishment

Posted on:2011-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhengFull Text:PDF
GTID:2166360305450233Subject:World History
Abstract/Summary:PDF Full Text Request
The system of judicial independence of the United States of America has been a typical representative in the world's system of judicial independence. It exerted a great influence on the democracy system in American society and the social development road of the day and later days. Today it became the example that many countries took and the object that they studied. On the establishment and criterion of the judicial independence of the United States of America, different scholars put forward different points of view. Guided by the researchers'thoughts, this thesis tries to verify that from the rule of law to the practical establishment, the judicial independence of the United States of America went through a gradual process of development, and until 1805 "Chase Impeachment" did it establish in practice.In the discussion, this thesis is divided into four parts:In the first part, the judicial summary of development is reviewed before the Constitution of the United States of America was enacted. Though the justice of the period succeeded and developed Britain's judicial tradition, setting up courts, appointing judges, and the judicial independence made constant progress, seen from the development reality, it was impossible for the justice of this period to gain its independence. The judicial authority didn't gain its independence nor did it gain its independent power and other authorities could interfere and even change the verdict by judicial authority; the judges didn't get their position and held concurrent posts; the status of judges was not stable and their right of appointment and salary were under the control of the British government.In the second part, the regulations of law on judicial independence after the Constitution was enacted are analyzed. To ensure the justice independently and effectively operated, The constitution and《the Judiciary Act of 1789》made a concrete and detailed regulation on judicial independence in the aspect of status of judge(mainly tenure and salary), the application range of jurisdiction, the setting-up of judicial authority, and the concrete operation of justice, etc. and by the latter the federal Supreme Court and district courts were established. Whether the rules of legal text could ensure the judicial independence or not would be tested in practice.In the third part, the difficulty and cause that judicial independence faced in practice are discussed. Though the Constitution and《the Judiciary Act of 1789》made a series of regulations on judicial independence, because of historical and practical reasons, the justice didn't gain its independence in practice. The judge still had concurrent post; the judge became the stick of party struggle; the judge was threatened by impeachment, all these realities made it impossible for the justice to be independent. Studying its cause, the justice didn't form its adequate respect in society; the justice still lacked the balance of power that could maintain its independence; the abuse of impeachment criterion made it impossible for the justice to gain independence.In the fourth part, the process of the gradual independence of justice in practice is discussed. To achieve independence, the justice must overcame the above phenomena and solved the factors that resulted in its dependence. By judgement, the justice constantly struggled for the balance of power that maintained its independence, and eventually gained the right in the case of "Marbury v.Madison"; in the following "Chase Impeachment", not only was the balance of power further enhanced, but also the impeachment criterion on judges was cautious and definite; besides, by "Chase Impeachment", the respect for the justice was enhanced, the justice gained the relatively cross-party supremacy. The main factor holding up the judicial independence was resolved. The justice finally realized its independence, becoming a principle of judicial adjudication and politics.
Keywords/Search Tags:Judicial independence, Balance of power, Impeachment, Judicial supremacy, Chase Impeachment
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