These two systems, common law and civil law, are the most widely used legal systems in the world. They differ in the weight they give to judicial precedents and their views on the subject matter of the judicial proceedings. In civil law systems, court proceedings are investigations conducted by the court to determine how the facts fit into the already established codes applicable to the situation. The judicial system is designed in such a way that the jurisdiction of each court is a specific type of code: tax courts, administrative courts, maritime courts, constitutional courts, etc. The island of Guernsey is another example of customary law. Although it is one of the Channel Islands off the coast of England, Guernsey is not part of the United Kingdom. The legal system of Guernsey derives from the medieval power of the monarch, the Duke of Normandy.53 The former Duchy of Normandy is an influential source of law in Guernsey. Duchestic laws developed in two periods, the Old Custom of 1199-1538 and the Reformed Custom of 1538-1804.54 The legal system of Guernsey also contains elements of English common law and modern statutory law enacted by the island`s elected legislature. Guernsey enjoys almost complete autonomy over its internal affairs, and the country determines many issues based on ancient customary laws, with elected bailiffs and juries making decisions.55 Countries that follow a civil justice system are usually those that were former colonies or protectorates French, Dutch, German, Spanish or Portuguese, including much of Central and South America. Most countries in Central and Eastern Europe and East Asia also follow a civil law structure.
The first group includes countries whose “mixed” system is influenced by both civil and common law. The old uncodified civil law of Holland is the basis of the Roman-Dutch law of South Africa, Zambia, Namibia, Lesotho, Swaziland, Botswana and Sri Lanka; it is characterized by a rich legal literature dating back to Hugo Grotius (de Groot) in the 17th century. But their long contacts with Britain mean that their public law and legal proceedings owe much to the common law. In the area of infrastructure, it should also be noted that some forms of infrastructure projects are mentioned in civil law systems with well-defined legal concepts. Concessions and leasing have a certain technical meaning and structure that may not be understood or applied in a common law country. Caution should therefore be exercised in the flexible application of these terms. This is explained in more detail in the framework of the agreements. Although the length of constitutions varies considerably, most details are usually devoted to the legislative and executive branches and the relationship between them.
Federal systems, of course, have bicameral legislation. But also many unitary systems, where the House of Commons is directly elected and the House of Lords is composed of those who can represent rural interests (France) or have particular competences (Ireland). In most countries (but not in the United States), the House of Commons can ultimately override the House of Lords. A legal system is a procedure or procedure for interpreting and applying the law. Global Insights on Access to Justice 2019: Findings from the World Justice Project General Population Poll in 101 Countries presents data on how ordinary people around the world cope with their daily legal problems, highlighting the most common legal issues, respondents` assessment of their legal capacity, and sources of assistance. The study also highlights information about the state of people`s problems, the process of solving them, and the impact of their justice problems on their lives. Most countries in Europe and South America use a civil justice system.47 A civil law system is based on comprehensive legal systems that contain all the laws governing the country. Case law – that is, judicial decisions – is secondary to these codes. The decisions are binding only on the parties to the dispute, and do not constitute a precedent for subsequent cases on the same issues.
While lawyers consult previous decisions when advising clients, judges are rarely required to follow precedents. For this reason, legal codes tend to be more extensive and detailed than in common law systems. Israel also uses certain religious laws and courts to decide cases.51 For example, religious courts in Israel include Jewish rabbinical courts, Sharia Islamic courts, Druze religious courts, and ecclesiastical courts of the 10 recognized Christian communities. In Israel, these courts are limited to a few specific family law issues. The secular judicial system decides all other matters. Private law defines who is considered to have legal capacity and deals with their legal capacity (for the protection of the very young or mentally ill). These natural persons may create other “artificial” legal entities such as associations, foundations and companies. In a common law system such as that of the United States, the courts` reliance on precedent is called stare decisis, or a policy of using past court decisions to interpret written laws and apply those laws appropriately to the facts of this case.45 The court interprets written laws. as well as those interpretations and applications of precedents from previous interpretations. form what is meant by common law today. Precedents are crucial for interpreting subsequent cases, and only the same or a higher court can set precedents.
The trial is adversarial rather than investigatory, with each party trying to convince or persuade the court to agree with their point of view.46 A lasting contribution to Philip Jessup`s Transnational Law, published in 1956, is his critique of “international law” and his advocacy for a functionalist concept of “transnational law” defined as rules. National or private that offer solutions to transnational problems. Extending Jessup`s argument, this chapter criticizes the concept of “international legal system”, proposes an alternative concept of “global legal system”, and provides an analytical framework for understanding this system.