| Following the long-overdue drive to put the | | | | United Kingdom does not have a complete Bill of |
| Constitutional Reform Act into the table of the | | | | Rights as the United States of America; as the result, |
| United Kingdom's legislation: applying to the whole UK, | | | | a large number of important cases have been |
| on March 2005 the Bill received the Royal Assent. | | | | decided by the European Court of Human Right ... |
| Trapping herself into the principle of "government by | | | | (Jowell & Oliver, 1994, the Changing Constitution, |
| the consent of the governed", this Constitutional | | | | p. 33.) Under this constitutional evolving procedure |
| Reform Act does not only steer UK's legal system | | | | (the UK's Constitutional Reform Act 2005), Supreme |
| into the modernized footing, but she is likely to be | | | | Court is established (Party 2 of the Bill) and so the |
| indulging herself into "a clear and present danger" | | | | appellate jurisdictions as currently exercised by the |
| test, this is likely to be on the line with professor | | | | Appellate Committee (referred to as the drawback |
| Vernon Bogdanor, in his first online review publication, | | | | of the UK's constitution.) One of the most concrete |
| who referred to this reform as The Quiet Revolution | | | | advantages is transparently seen from this juristic |
| (Vernon, 2005, Internet;) | | | | revolution: the judiciary's power climbs up to the level |
| So what is the most clear-cut theme of this recent | | | | which is on par to that of the legislative and |
| Constitutional Reform Act? Government's response | | | | executive institution. One of the most unfavorable |
| to the increased sensitivity of the judiciary to a need | | | | traditionalism of the UK's legal system is now in the |
| to observe the fundamentals of the British | | | | line to bereavement; |
| Constitution is the top-challenged answer; | | | | It is a protracted brainwash that we see the overlap |
| I. Status Quo of the United Kingdom's Constitution | | | | between judicial and political vocation of the United |
| Referred to as the-case-law country, constitution of | | | | Kingdom. One of the case examples has been found |
| the United Kingdom is unwritten and flexible and the | | | | be MPs and the judges as stated "They object to |
| sources of UK's constitution can be found on | | | | the right of MPs to set minimum sentences, but have |
| different documents (conventions, customs, statute, | | | | no problem with their setting maximum sentences |
| etc); to be short there is not single document that | | | | (2005, Internet)." More apparent evidence can bee |
| codify the entire constitution of the United Kingdom. | | | | seen from clause 29 and 30 "provision for the Court |
| However, as she was one of the first to ratify the | | | | to be able to call upon additional judges as necessary |
| European Convention on Human Rights, European | | | | and appropriate, either from among senior serving |
| Convention for the Protection of Human Rights and | | | | judges or from a supplementary panel of judges |
| Fundamental Freedoms and other international human | | | | (Sewel Memorandum, Internet). It is not only about |
| right instruments, the right to equality, abolition from | | | | allocating balanced power to the judiciary, |
| servitude, personal integrity, private ownership, | | | | independence doctrine of the UK's legal system is |
| political asylum and other human tenets are stipulated | | | | even guaranteed from the grass root. Part II of the |
| in the random sources of the UK's constitution; | | | | Bill also makes provision for the appointment of |
| II. Constitutional Drawbacks and the Constitutional | | | | judges to the Court including the number of judges |
| Reform Act 2005 | | | | and their terms and conditions of employment and in |
| In Constitutions of the World, Maddex seems to | | | | relation to the funding and administration of the court. |
| point to a lot of unfavorable traditions of the UK's | | | | It disqualifies judges holding office in the proposed |
| constitution when he says: | | | | new Supreme Court and other judges in full time |
| "At the apex of the British judicial system is the lord | | | | employment from sitting and voting in the House of |
| chancellor, who is a member of the government and | | | | Lords; |
| generally a member of the cabinet as well as a | | | | III. Confidential Prospects behind the UK's |
| barrister holding political office and a member of the | | | | Constitutional Reform Act 2005 |
| house of lords..." (Robert L. Maddex, 1995, | | | | The most important theme of this Constitutional |
| Constitution of the world, p.298 ;) | | | | Reform Act 2005 is to modernize the legal system |
| With reference to the above information, the UK's | | | | of the United Kingdom: putting more balanced power, |
| constitution does not truly separate the three public | | | | independent mechanism toward selecting the judges; |
| sector powers: legislative, executive and judicial | | | | all are the mechanism to reach equal human dignities |
| power. One power is not truly independent and | | | | as stipulated in Article 6 of the Convention for |
| sovereign from one another; | | | | Protection of Human Rights and Fundamental |
| Categorized into the Common Law country, the | | | | Freedom. |