Difference Civil Law vs Common Law
Do you know the main difference between civil law vs common law in such group of legal ideas and court systems? We must know origins and development of the common and civil law and their characteristics so we will understand the original principle of civil law with accessible and written collection that can be used to embody all the old statutes relating to the subject and including changes necessitated by court decisions.
Wikipedia states about the original difference of civil law versus common law by defining characteristic of a civil law system.
The difference between civil law and common law lies not just in the mere fact of codification, but in the methodological approach to codes and statutes. In civil law countries, legislation is seen as the primary source of law. By default, courts thus base their judgements on the provisions of codes and statutes, from which solutions in particular cases are to be derived. Courts thus have to reason extensively on the basis of general rules and principles of the code.
The difference underlies separation of powers in all countries, particularly to get right balance power between judges and government in order to assign different roles to legislation and to judges, with the latter only applying the law and or restrict the power to set precedents to a competent Supreme Court.
The Major difference legal systems of between civil law vs common law in the world:
| Common law | Civil law | |
|---|---|---|
| Other names | Anglo-American, English, judge-made | Continental, Romano-Germanic |
| Source of law | Case law, legislation | Statutes, legislation |
| Lawyers | Control courtroom | Judges dominate trials |
| Judges’ qualifications | Experienced lawyers | Career judges |
| Degree of judicial independence | High | High; separate from the executive and the legislative branches of government |
| Juries | Provided at trial level | May adjudicate in conjunction with judges in serious criminal matters |
| Policy-making role | Courts share in balancing power | Courts have equal but separate power |
| Examples | Australia, England, Hong Kong, Ireland, USA (except Louisiana), Canada (except Québec), Pakistan, India, Malaysia | All European Union states except UK and Ireland, USA (Louisiana), Brazil, Japan, Mexico, Québec, Switzerland |
Source: Civil law (legal system)
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