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COMMON LAW AND CIVIL LAW SYSTEMS

Courtesy/By: Mahek Bhatter | 2020-04-30 18:23     Views : 626

There are mainly two types of legal systems that are followed within countries, namely the Civil law system and the Common law system. Most countries develop their legal systems such that they fall within these two categories, however there are other types of legal systems as well which maybe formulated, such as the mixed legal system or the Islamic legal system etc. 

In common law systems, the emphasis is on the decisions and judgments provided by the courts and judges, through which legal principles are formulated, alongside the statutes and legislations passed by the government. In civil law systems, there are specified codes and acts which are passed by the government, who are required to be followed. The courts use these codes and acts, apply them to the case brought before them, and give out the ruling.

In common law system, the principle of binding precedents is applied, meaning that the decisions and judgments which are passed by the higher courts, are to be considered and applied in all the future cases that arise, having the same circumstances. Moreover, no lower courts have the right or power to change such precedents. Only the courts that have passed them, can have the power to do so. 

Civil law systems do not follow the binding precedent rule. The courts are required to directly apply the already existing laws and regulations which have been passed, and accordingly provide the judgments or decisions. 

In case of common law systems, there are no codified laws, which implies that the Constitution of the country is not found in one single document, but a number of documents which provide for different legal concepts and aspects. Whereas in case of civil law systems, the laws are codified, which implies that the Constitution is a single document formulated out of the different codes which provide legal parlance for different law related aspects.

Examples of common law include Australia, England, US; examples of civil law include France, Germany. 

As far as India is concerned, the Indian legal system falls under the category of a mixed legal system. This means that India’s legal system is a combination of the common law and civil law system. We have a codified constitution, which is formulated out of different codes, at the same time, we give importance to both judicial precedents as well as the Acts of Parliament to be considered for the formulation of law. 

Courtesy/By: Mahek Bhatter | 2020-04-30 18:23