(Unit 1.1 Principles and sources of English law)
The English Legal System
Legal Systems around the world
Codified civil legal system
This is where the laws of a country are written down accordingly with codes. Each code contains
all the law in one area, example: Tax law. Many European countries use this system such as
France, German etc.
Judges strictly apply these codes to cases thereby having very little or no precedent in the usage
of the law. As for why? It is because it's difficult to change the law in a code as it requires a large
majority of legislative activity.
Benefits
1) avoids inconsistency containing only legislative enactments
2) Judges' final decision can be predicted at the end stage as the legislative law is known to every
citizen
3) No precedent.
4) less need to settle the inadequacies as it will be settled accordingly with the operation of the
codified law.
Limitations
1) Judges having little to no control over the law, therefore no precedent.
2) Making changes to the law is too difficult
Common Law
Local courts formed disputes during Anglo Saxon times. However, after the Norman Conquest in
1066, a more organized layout of courts emerged. The Norman kings at that time concentrated
more on the ability to control the courts so that it will be easier for them to have control and rule
over the country, especially its disputes.
The first Norman King William the Conqueror built the Curia Regis (kings court) as far which he
appointed his own judges. These judges were sent to resolve disputes around the country under
The English Legal System
Legal Systems around the world
Codified civil legal system
This is where the laws of a country are written down accordingly with codes. Each code contains
all the law in one area, example: Tax law. Many European countries use this system such as
France, German etc.
Judges strictly apply these codes to cases thereby having very little or no precedent in the usage
of the law. As for why? It is because it's difficult to change the law in a code as it requires a large
majority of legislative activity.
Benefits
1) avoids inconsistency containing only legislative enactments
2) Judges' final decision can be predicted at the end stage as the legislative law is known to every
citizen
3) No precedent.
4) less need to settle the inadequacies as it will be settled accordingly with the operation of the
codified law.
Limitations
1) Judges having little to no control over the law, therefore no precedent.
2) Making changes to the law is too difficult
Common Law
Local courts formed disputes during Anglo Saxon times. However, after the Norman Conquest in
1066, a more organized layout of courts emerged. The Norman kings at that time concentrated
more on the ability to control the courts so that it will be easier for them to have control and rule
over the country, especially its disputes.
The first Norman King William the Conqueror built the Curia Regis (kings court) as far which he
appointed his own judges. These judges were sent to resolve disputes around the country under
