A legal system is a consistent organisation, comprising notably institutions, laws and
regulations
1 – Regulations are legally binding rules issued by an authority, usually a government or regulatory body, to implement, interpret, or supplement statutes. They provide detailed provisions on how laws should be applied in practice and often have the same enforceability as statutes. Regulations are typically adopted by executive agencies rather than legislatures. Regulations should comply with laws that are higher in the normative hierarchy. In French, “regulations” can be translated as “réglementation” (referring to the general body of rules) or “règlements”(referring to specific regulatory texts). 2 – In the European Union, regulations are a type of binding legislative act that has direct effect in all Member States without the need for national implementation. Unlike directives, which require transposition into national law, EU regulations apply uniformly across the EU as soon as they enter into force. They are used to ensure legal harmonisation in areas such as competition law, consumer protection, data protection, and product standards.Regulations
Each country has its own legal system, shaped by history, with its own influences and characteristics. Comparative law, the science that studies the legal systems, tends to classify them and distinguishes several types.
We will explore hereafter some of the most prominent types of legal systems existing around the world.
Civil Law
Civil law systems are also referred to as Roman law systems or European continental law systems.
Civil law systems are rooted in the Roman Corpus Juris Civilis issued in AD 528 under the Roman Emperor of the East Justinian. This work is halfway between codification and compilation of rules. It is composed of four elements, among which is the Code of Justinian. More recently, the Civil Code promulgated in France on 21 March 1804 inspired civil law systems. The French Civil Code is often referred to as the Napoleonic Code, although it was developed and promulgated during the first French Republic.
Civil law is based on a comprehensive set of codified laws that outline rights, obligations, and legal procedures. Judges have a more limited role in civil law systems than in common law systems, primarily interpreting and applying the law rather than creating it.
Civil law is the most widespread type of legal system in the world, by landmass, by population and by number of countries. It is currently applied in various forms in approximately 150 countries. Civil law is prevalent in most of Europe, Latin America, and parts of Asia and Africa.
Civil law is generally subdivided into groups.
- French civil law (also known as Romanist law)
- Spanish law
- Roman-Dutch law
- German civil law
- Scandinavian civil law (also known as Nordic civil law)
The countries that base their legal system on a codified civil law include for example France, Germany, Spain, Italy, Turkey, Russia, China, South Korea, Argentina, Brazil.
Common Law
Common law systems find their origins in England. English common law reflects Biblical influences and remnants of laws imposed by conquerors like the Romans, the Anglo-Saxons and the Normans. During the reign of King Henry II (1154-1189), laws “common” to the entire English realm replaced various customary laws that applied locally.
The foundation of common law is the concept of precedent, where legal decisions from past cases serve as guidelines for resolving current disputes. It is referred to as stare decisis, which means “to stand by things decided.” Judges play a significant role in the creation and interpretation of laws.
Common law has been adopted by many countries that were once part of the British Empire, including the United States, Canada, Australia and India. Common law is currently in force in approximately 80 countries.
Religious Law
Religious law systems are based on religious texts and principles. Sharia law, derived from the Islamic holy book, the Quran, is an example of a religious legal system. It governs many aspects of life, including family matters, criminal offenses, and economic transactions, in countries where Islam is the dominant religion. Other examples include Jewish Halakha and Hindu Dharma.
Customary Law
Customary law is based on traditions, customs, and practices that have developed over time within a specific community or indigenous group. These laws are unwritten but widely recognized and accepted by the members of the community. Customary law is often found in tribal or indigenous societies and regulates various aspects of life, such as land rights, family relations, and dispute resolution.
Mixed Legal Systems
Some countries have legal systems that combine elements from different legal traditions. These mixed legal systems often emerge from historical influences, colonization, or the interaction of legal cultures. For example, countries like South Africa, Sri Lanka, and Louisiana (USA) have legal systems that blend elements of common law, civil law, and traditional African, Roman-Dutch, or French influences.
The typology of legal systems reveals the diversity of legal frameworks across the globe. This highlights the usefulness of uniform international rules (substantive rules) or at least rules that facilitate coexistence between different legal systems (conflict rules).
Bibliography
https://www.cia.gov/the-world-factbook/field/legal-system
https://en.wikipedia.org/wiki/List_of_national_legal_systems