How Many Legal System in the World
The source of the law that is recognized as authoritative is the codification in a constitution or a law adopted by the legislature to amend a law. While the concept of codification dates back to the Code of Hammurabi in Babylon around 1790 BC. Civil law systems originated in the Roman Empire and in particular the Corpus Juris Civilis, published by Emperor Justinian around 529 AD. It was a comprehensive reform of law in the Byzantine Empire, which brought it together in codified documents. Civil law has also been partially influenced by religious laws such as canon law and Islamic law.   Today`s civil law is theoretically interpreted rather than developed or made by judges. Only legislative regulations (not precedents as in common law) are considered legally binding. In the parliamentary system, the head of state differs from the head of government – called prime minister, prime minister (or in Germany federal chancellor). The head of state may be a hereditary monarch or a directly elected president.
However, the Prime Minister is not elected directly by the voters, but is appointed from the majority or coalition faction in the Legislative Assembly. The prime minister and other ministers do not have a fixed mandate, but can in principle be forced to resign by a parliamentary vote of no confidence in the government. This is usually compensated by the executive power to dissolve the legislature and call new elections (although there may be some protection against hasty or repeated dissolution). The Prime Minister and ministers dominate in two directions. First of all, although the powers of the head of state seem impressive on paper (summoning the legislative branch, enacting laws, granting pardons, etc.), in practice they are exercised under the direction of the government. Second, the executive branch controls the legislative calendar and generally has the exclusive power to introduce financial laws. The idea of providing a country with a single written constitution is relatively modern, but now widespread. In many countries, the constitution follows a decisive event in national history, such as war, revolution or independence. The methods by which a constitution can be changed have both legal and political significance.
They may divide the power of amendment between the people, the legislature and the executive, or between a federation and its constituent parts. They can express core values by declaring certain immutable characteristics. Some constitutions stipulate that certain issues can only be changed by referendum or by an entirely new constitution. In federal systems, changes typically require special majorities in the federal legislature, followed by ratification by a special majority of the states. The original source of the common law system can be traced back to the English monarchy, which issued formal orders called “writs” when justice had to be done. Since the documents were not sufficient to cover all situations, courts were eventually created to hear complaints and develop appropriate remedies based on just principles from many authoritative sources (such as Roman law and “natural” law). Through the collection and publication of these decisions, courts have become able to search for previous judgments and apply them to routine cases. And that`s how the common law evolved. Most modern legal systems can be described as either common law, civil law, or a mixture of both. But despite this great diversity, it is important to first emphasize the separation between religious and secular legal systems. Everyone has very different views on the law, in terms of source, scope, sanctions and function. The source of religious law is the Godhead, who makes the laws through the prophets.
However, secular law is man-made. In a religious legal system, disputes are usually settled by an official of that religion, so that the same person is both judge and priest. In a secular system, on the other hand, the function of judge is distinct and is often reinforced by guarantees of judicial independence. Definition: This entry contains a description of a country`s legal system. For a number of countries, a statement on judicial review of legislative acts is also included. The legal systems of almost all countries are generally based on elements of five main types: civil law (including French law, the Napoleonic Code, Roman law, Roman-Dutch law and Spanish law); common law (including U.S. law); Common law; mixed or pluralistic law; and religious law (including Islamic law). Another type of legal system – international law, which governs the conduct of independent nations in their relations with each other – is also discussed below. The following list describes these jurisdictions, the countries or regions of the world where these systems are applied, and a brief explanation of the origins and main features of each system. Civil Law – The most widely used type of legal system in the world, applied in various forms in about 150 countries.
Also called European continental law, the civil law system derives primarily from the Roman Corpus Juris Civilus (Civil Law Corpus), a set of laws and legal interpretations compiled under the Eastern (Byzantine) Roman Emperor Justinian I between 528 and 565 AD. The main characteristic of civil law systems is that laws are organized into systematically written codes. In civil law, the sources recognized as authoritative are mainly legislation – especially codifications in constitutions or laws enacted by governments – and, secondly, customary law. In some countries, civil law systems are based on more than one code. Common Law – A type of legal system, often synonymous with “English common law”, which is the system from England and Wales to the United Kingdom and is also in force in about 80 countries that were once part of or influenced by the former British Empire. English common law reflects biblical influences as well as remnants of legal systems imposed by early conquerors such as the Romans, Anglo-Saxons and Normans. Some jurists attribute the formation of the English common law system to King Henry II (r. 1154-1189). Until the time of his reign, customary laws in the various seigneurial and ecclesiastical (ecclesiastical) jurisdictions of England were administered locally. Henry II established the royal court and decreed that laws were “customary” throughout the English Empire.
The basis of English common law is the “legal precedent” – called stare decisis, which means “to stick to things decided”. In the English common law system, judges are largely bound in their decisions by rules and other doctrines developed and supplemented over time by judges of previous English courts. Common law – A type of legal system that serves as the foundation or has influenced current laws in about 40 countries – mostly in Africa, but also in the Pacific Islands, Europe, and the Middle East. The common law is also referred to as “primitive law,” “unwritten law,” “Aboriginal law,” and “popular law.” There is not a single history of customary law as found in Roman civil law, English common law, Islamic law or the Napoleonic Civil Code. The earliest legal systems of human society were common and generally developed in small agrarian and hunter-gatherer communities. As the term implies, customary law is based on the customs of a community. The common characteristics of customary systems are that they are rarely written, that they embody an organized set of rules that govern social relations, and that they are accepted by members of the community.