On Hamilton's Judicial Independence And American Constitutional History

The true meaning of the modern law society is judiciary independence. The reform of judicial system, which was once criticized as the bourgeois ideology, is now the key element in the realization of judicial justice. The Report of 16th Meeting of CCP of China begins to pay attention to the question of judiciary independence. The practice of the western rule of law has proven that judiciary independence is not only a pre-requirement in realizing judicial justice, but also an important measurement in judging the civilizations of law. Domestic and international scholars have different views on judiciary independence. The author thinks that the best statement is Hamilton's ideology of judiciary independence. Drawing the thoughts of predecessors of Separation of Powers and Checks and Balances, Hamilton was the first one who put forward the thoughts of judiciary independence.Hamilton's theory of judiciary independence is contained in talking judicial of corpus, which provides a base for uppermost of judiciary in U.S. Hamilton anal sizes the political reason is to limit legislative power and executive power and protect the freedom and the civil rights of the people.The judiciary independence is a precondition in protecting the Federal Constitution and human rights and a guarantee of limiting the power of legislators and also a requirement for Spume Court to perform the justice interpretation and judicial review. Hamilton holds the opinion that the criterion in guaranteeing the independence of judgers lay in two aspects: the lifetime appointment and the fixture of salary.The ideology of the judiciary independence of Hamilton has a great influence in U.S constitution history, from which the judicial review of U.S. Supreme Court arises. Supreme Court uses judicial review to protectjudiciary independence effectively. Anything and anyone cannot challenge the power of Supreme Court. The abortion of Franklin's plan in reforming Supreme Court and the Water Gate Affair of President Nixon proved the supreme position of judiciary independence.The ideology of the judiciary independence has experienced a difficult development from acceptance and animadverts to advocacy. At present the academic circles realize that the in order to realize the judiciary justice, we need to guarantee the judiciary independence. The author, by studying Hamilton's judiciary independence theory, thinks that the key point in reforming the judiciary system in our country is to improve the quality of judgers and a take a elite way so as to achieve the judiciary independence in our country.