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Modernization of the road through the judicial reform law

Author: LiuShuYong
Tutor: CuiLinLin
School: China University of Political Science
Course: Legal History
Keywords: Judicial reform English law Nineteenth century Judicial system Case Law Court of Appeals Justice system Law-making Royal Supreme Court
CLC: D956.1
Type: Master's thesis
Year: 2005
Downloads: 264
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Abstract

Of historical exposition of 19th century British judicial reform, judicial perspective can be seen from the title of this article. Historical perspective is refers to English law is the one to consistently of the history and tradition of the product, is rarely subject to external influences the development up the; judicial perspective is refers to the judge-made law case law tradition to make the judicial system in the law of England Development occupies a pivotal position. The authors believe that these two points on a deep understanding of the 19th century, the British judicial reform has an important position in the history of the British legal history. In the preamble, the authors first proposed the central argument of the thesis and main content, that is, by the British judicial reform of the nineteenth century, to demonstrate the development of English law on special \reform to complete the the legal modernization unique path, and a brief introduction to the domestic research. The first part of this paper is to start from the characteristics of the English law of historical continuity, to put forward their point of view, that English law in the development process, can give up or transformation of the traditional factors that have been proven to hinder its development, and timely manner. adjusted to suit the needs of the times. Once played an important role in the formation of British law in the judicial reform in the 19th century, the royal court, equitable and writ become the focus of the reform, illustrates this point. The focus of these reforms are the aspects of the judicial system, that confirms judicial centrism of British law. Subsequently, a brief legal reform of the judicial reform promoters Bentham thought, as well as the legal system he developed codified legal form ideal reason to reinvent the idea of ??the common law did not achieve. The second part of this paper is discussed in the focus of three 19th century British judicial reform. The author begins with a brief review of the British judicial situation before the reform, indicate the need for reform, and the United Kingdom through the completion of the judicial reform law modernization, as well as the author of this article discusses the focus and structure of the arrangement, to clarify their own research ideas. The second part of the contents of the first aspect of the reconstruction of the Organization of the English courts. First reviewed the history of the development of the organization of the courts of the United Kingdom, the crux of the drawbacks specified before the reform of the judicial system, and competition from the jurisdiction of the various courts analyze its differences with the modern organization of the courts and the analysis of the court from the central position of the Organization of the Court in the judicial system tissue reconstruction of the decisive role of the content of other reforms. Then, this article details the reconstruction of the organization process and content of the English courts, that the Supreme Court established the composition and jurisdiction of the High Court, the appeal of the composition of the court and its jurisdiction and that the Court subsidiary executives and office locations adjustment. Above demonstrates the change in the nature of the universal jurisdiction of the Supreme Court from the royal court as a \

Modernization of the road through the judicial reform law

Abstract

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