Judicatory: The Last Defense Of Freedom

Alexis-Charles-Henri Clérel de Tocqueville, one of the founders of modernsocial science, the French famous thinker and political philosopher, social scientist,historian, is also a great jurists. For a long time, the academic study of tocquevillemostly confined to the field of political philosophy, sociology and history, while fewscholars study Tocqueville from the perspective of Judicatory. However, as a famousthinker of and Montesquieu Era, his grand thought treasure house contains rich"judicial resources", it worth scholars paying highly attention.To Tocqueville, one of the focus in the American is judicial system. In his view,the democracy of American are thriving, thanks to its mature legal system, justice isconstructed to prevent majority tyranny of the bulwark, built the last line of defenceguarantee people’s freedom. Tocqueville believed that, judicial power is essentially akind of judgment. From the Angle of the ruled, the judicial effect with themaintenance of legitimacy, but for the people, justice has always been the strongguarantee freedom means, be the last line of defence of freedom. On the origin of it,in addition to the American judicial system by England judicial tradition and theinfluence of Christianity, also deeply marked by the imprint of the doctrine of popularsovereignty. On system design, based on the maintenance of the republican andsafeguard the freedom of the people’s needs, the existing state and federal courts twosystems. In American political society, the judicial power plays an important role,. Inaddition, the function of judicial power play to guarantee freedom, cannot leave thepolitical functions of the jury system and the special role of jurists spirit. Originated inthe United Kingdom and the absorption by Americans, jury system, does not onlyexist as the judicial process, more show a strong political function,. Is given priorityto with judges, lawyers and legal scholars of the "lawyer", its unique temperamentand spirit, make them become the era of democracy "aristocratic" only, therefore, alegal scholar form to prevent tyranny and maintenance free "the strongest barriers".