영국 사법개혁의 특징과 도전 - 2005년 헌법개혁법에서의 사법 개혁의 방향과 함의 -

It is difficult to try to alter the constitutional system in United Kingdom on the ground of the fact that the United Kingdom has the unwritten constitution and the United Kingdom has long experience concerning with its own Constitution. Thus we can not speculate that there can be change of the constitution through the constitution revision because the United Kingdom has the unwritten constitution as mentioned. However, for the reason that there are a great deal of critics that the Constitution in United Kingdom is outdated, the movement for the sake of Constitution change is launched, U.K. managed to change the constitution through the Constitutional Reform Act 2005. Nevertheless, they did not forsake the constitutional principle concerning with the British Constitutionalism - Parliamentary Sovereignty, Rule of Law and the Separation of Power etc. However, there was a trial to reform judicial system for the reason that the Senate had the function of Judiciary as well as legislature in contrast of the principle of separation of power. Thus we can postulate that the Constitutional Reform Act 2005 focused on the change of judicial system in U.K. In particular, the power of the Senate was transferred to the that of the newly established organ - judiciary. What did that transition mean? This means not to deny the contents of rule of law but to complement the contents of rule of law - substantial rule of law . Of course, the independent organizations are asked for in order to ensure the substantial rule of law. Moreover the organizations are acquired to review the legislations made by the legislature. As we currently discuss the possibility and necessity of constitution revision, we are able to and ought to refer to the procedure and discussion about the constitutional reform in the level of United Kingdom.