CONTINENTAL EUROPEAN LEGAL SYSTEM
This term refers to Europe, excluding England. It is a system of countries whose origins are largely based on Roman law.
Features:
1- Compound: The Continental European Legal System is a legal system created by compiling unwritten rules into written form. Roman Law, known as the Corpus Juris Civilis, was compiled by Justinian I.
The only exceptions are France and Turkey, where administrative law has not yet been codified. The rules are complex.
2- Written: The Continental European Legal System is largely a written legal system. (Customary law is only an auxiliary source and is not written.)
3- Case law is not the primary source: In this system, case law is only considered an auxiliary source of law. The decision of the high court does not bind the lower court or other courts; there are exceptions. In Turkey and France, administrative law is largely a branch of case law. The Unification Decisions of the High Courts are also binding on lower courts.
4- Distinction between Private and Public Law: There is a distinction between private and public law, inherited from Roman Law.
5- Separation of Judicial Powers: In the Continental European. System, there are at least two separate judicial systems. These are the judicial and administrative systems. Each group has its own supreme court.
COMMON LAW SYSTEM
The Anglo-Saxon Legal System, which originated in. England, is applied in countries such as the. United States, Canada, Australia, and India. This legal system is based on England’s ancient traditions and customs.
Features:
1- Uncodified: It is an uncodified legal system. Legal rules include customary rules and, generally, court precedents.
2- Customs are the primary source of law.
3- Precedent: It is essentially a precedent-based system. Everyone must comply with the decisions made by the courts.
4- No distinction between public and private law: The law is the same in all its branches. This means that disputes between the state and private individuals are resolved according to the same law.
5- There is judicial unity: Courts are not divided into judicial and administrative branches. Even if the names of the courts are different, they are all subject to the same high courts. The same courts hear all private and state cases.