The Political Attribute of Judiciary:An Examination from the History of European and American Legal Thoughts
The relationship between judicial activities and political power has long been a topic of discussion in the Western history of thought.The debate over whether judicial activities should remain distanced from political power or whether political power determines the nature of judicial activities has spurred ongoing disputes among legal scholars in Europe and America.Throughout history,judicial power has always been a part of national governance,and politics has never been absent from judicial activities.From the perspective of the history of European and American legal thoughts,ancient scholars believed that judicial activities were a part of political life,while modern scholars are convinced that the ideal state of judicial activities is to maintain political neutrality and to oppose political interference in the judiciary.Moving into the 20th century,legal sociology,legal realism,and legal politics in Europe and America have challenged the liberal theories of law,and criticized the fiction and fantasy of judicial neutrality from the perspectives of law and society,judicial personalities,and legal dynamics.They assert that,even in contemporary society,the political attribute of judiciary still exists in an invisible way,revealing the political and ideological struggle in judicial activities.
political attribute of judiciaryjudicial activismjudicial politics
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