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The Systematic Evolution Of British Judicial Independence Since The Glorious Revolution

Posted on:2016-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhouFull Text:PDF
GTID:2296330461958773Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The UK is a country with a long civilization of legal system. The judiciary in the UK has played an important role in the development of history. From the early British administrative judicial governance pattern, we can see that the British judiciary not only promotes the development of English law, but also an important force for the advancement of the rule of law in British. From the early common law, originated in “the king’s peace”, to the equity law appears in the 14 th and 15 th century, and then to the perfecting of jury system since modern times, both embody the characteristic of the British. The Anglo-American law system, which originated in the British judicial tradition, have had a profound impact on the judicial system of many countries around the world. Since the fourth plenary session of the 18 th CPC Central Committee, the wave of judicial reform has been raised. The judicial independence once again caused great attention from all sectors of society. Therefore, the further study of the British judicial independence would provide our current judicial reform with beneficial reference.Based on the development of the British judicial independence system since the Stuarts, the theme of the article is the evolution of the British judicial independence system since the glorious revolution. In order to find out the development track of the British judicial independence system, this article will mainly discuss judicial independent of the monarchy establishment in the 17 th century and the two judicial reforms in modern times.The first part of the article intended to define the concept of the judicial independence, on the basis of clarifying the related concepts. And then through further explanation to the relationship between the glorious revolution and the judicial independence, thus introduces the British judicial independence since the glorious revolution. As the basis of this article, the first part set the framework of the whole article, guiding the thinking of writing.The second part mainly discusses judicial independent of the monarchy establishment in the 17 th century and the favorable achievement to the judicial independence in the struggle for the sovereignty of parliament during this period. The premise of judicial independence in this article is to get rid of the bondage of arbitrary kingship. During this period the appearance of the system which guarantee theappointment and salary of judge also reflects the realization of the parliament to safeguard the independence of the judiciary, which are also very important for the further development of judicial independence.The third part focuses on the judicial reform in the 19 th century. In the 18th-century, especially in the early days of Hanover dynasty, the royal power declined rapidly, while the cabinet system in an embryonic stage, obtained a certain development. The judiciary in this period did not have much change, so there is no detail introduction. The main content of judicial reform in the 19 th century is the establishment of the modern court system and the integration of the two court systems, which greatly improved the judicial efficiency, maintained the justice, increased the judicial authority, and had a great significance for the further development of judicial independence.The fourth part mainly discusses the judicial reform which began in the end of the 20 th century. It was launched by the Labour Party, headed by Tony Blair. Unlike previous judicial reform, this reform started with the abolishment of judicial power of the Upper House, which point directly to the independent of the highest judicial power, and extended to the field of constitutionalism. This reform weakened the integration mode which existed in the field of constitutionalism for a long time. At the same time, the degree of judicial independence has been greatly increased.The final part summarized the characteristics of judicial independence in its development process. The author thinks that the judicial in the process, mainly presents the following characteristics: continuity and progressivity, dependency, and the strengthening independence in the structural.
Keywords/Search Tags:British judicial, judicial independence, judicial power, kingship, parliamentary sovereignty
PDF Full Text Request
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