英国司法独立之历史渊源

On the Historical Source of the British Judicial Independence

司法独立是大陆法系和英美法系公认的一项法律原则,它作为一种制度肇始于英国。英国的法律历史土壤为司法独立的确立提供了极为重要的历史渊源。英国社会很早就确立了司法在社会控制机制中的权威地位,以抵制国王的专政。法律至上观念的早期传承,使得精通法律的专业法官开始全面接掌原本属于国王的司法权。而精密的法律运行所孕育出来的职业化法官和律师,形成了地位崇高、力量强大的职业共同体,他们致力于维护普通法,从而使得英国的司法独立有了实体的承载而得以存续和加强。

Judicial independence is a legal principle generally acknowledged by the Civil law System and the Common law System. As a legal institution, it originated from Britain. British legal history soil provided the extremely important historical source for the establishment of jurisdiction independence. The judicial authority of the society control＇s mechanism was early established in British society to resist king＇s dictatorship. The early inheritance of legal supreme idea made the specialized judge start to meet the palm to the jurisdiction which belonged to king originally. And the professionalized judge and lawyer, who were breed by the precise legal movement, formed loftily and strongly professional community. They are devoted to the maintenance of common law, and enabled British judicial independence to have the entity load bearing to survive and develop.