| October 1,2009, Supreme Court of the United Kingdom has started its operation. It replaces the House of Lords to have become Britain's new highest judicial body of Final Appeal. The establishment of the Supreme Court has aroused nonstop discussion and controversy. The United Kingdom, a developed western country with a long history of unique judicial tradition to unify legislative and judicial power, is always proud of this unique tradition. However, this unique tradition is in contrary to the theory of separation of the executive, legislative and judicial powers and of judicial independence. After Tony Blair and New Labor Party came to power, establishment of the Supreme Court and independence of the legislative and judicial powers have been put on the agenda of reform of constitutionalism. This action has triggered a series of controversies and discussions. Constitutional Reform Act 2005 has become the basis for the establishment of the Supreme Court. The Act has defined organizational structure, operational process and procedures, and selection of judges of the Supreme Court, which differs significantly from the operational manner of the House of Lords. However, it is also different from the American operational manners with absolute independence of the executive, legislative and judicial powers.The establishment of the Supreme Court is the biggest achievement of the United Kingdom's constitutional reform in the last two decades, with far more intensity than the previous reforms. It indicates that it is a common trend for national judicial system respond to the times and social development, with no exceptions for developed countries such as Britain. Based on the research of the background and significance of the establishment of the Supreme Court, judicial power of the Court and the selection system for judges, court rules, and the development trend of the court, this paper provides a reference for judicial reform process in China. |
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