Garanzie formali ed indipendenza sostanziale delle corti nell’esperienza britannica

In the English common law system, separation of powers is understood very differently from Continental Europe. Indeed, constitutional evolution in Continental Europe has been marked by the emergence of a rigid model of division of the legislative, executive and judicial powers. In England, on the other hand, the rule of law has contributed to making the system more “fluid”, without triggering a real delimitation of the spheres of public power. Having in mind this, the Constitutional Reform Act contains a number of rules aiming to entrench the independence of the judiciary. This reform was strongly influenced by European principles, most of all by Art. 6 ECHR requirements and by some judgments of the European Court of Human Rights.