Judge The Authority And The King's Situation

In England, the king' s governmental condition is related to the change of judges' authority. The paper with politics sociology concept-authority-as analysis tool and perspective depicts the subtle relationship between judges and the king before the Glorious Revolution and with concerned history materials analyses the conditions for the change of judges' authority and the transition of the king' s governmental condition, which shows the formation of the judiciary power and the independence of the judiciary power that produced the tradition of the subsequent rule of law in England. Author sincerely hopes that our insight of the history would benefit construction of the rule of law in China.The paper has four major parts. Apart from those, there is an introduction, which simply introduces the cause and meaning of writi-ng the paper and the difficulty in writing the paper in order to put forward the following parts. And there is a brief summary in the paper that generalizes the whole paper, deepens the content and topic of the paper, points out the keystone and purpose of the paper and makes a proper question closely of the construction of the rule of law in China. The introduction to the major parts is as follows:Part one: methodology and analysis tool. On top of the question in the introduction, writer argues the admissibility of theanalysis tool--authority on the ground of according with themethodology of interpretive legal history and points out the possibility of expanding meaning room because of the unique attribute of the authority and the relationship between the authority and the rule of law. Then author discusses the concept and classes of the authority in detail in order to make foundation for the following discussion.Part two: the king' s legal hot potato and judges' authority. In this part, author discusses the legal obstacle in his/hergovernment and the role of judges in the course of relieving him/her from the obstacle with legal tools. Author points out the legal obstacles are different kinds of law and pluralistic jurisdictions, so the judges at that time were the king' s officials and their authority came from the support of the king and was a typical compelling authority.Part three: the judges' authority and depressed king. The king relieved from the legal hot potato through the judges' effort, the occasion of "trusted aids are eliminated when they finish their mission" was coming! The judges stroked with the king fully using all kinds of institutions shaped under support of king and legal traditional principals. This mean the judges' authority did not come from the support of king but other factor. And this mean new judges' authority came into being.Part four: the conditions of the change of the judges' authority and the transition of the king' s governmental condition. On top of the part above, author discusses the origins of the judges' authority that are the appearance of - the constitutionalism, the independence of the judiciary and establishment of eligible authority of the judges and special relationship between the judges and law in detail.