English legal system and difference with the civil law

English law system and common law Distinction between Common law and civil law : Civil law as the traditions, so civil law countries. When French lawyers used Common Law it’s often opposite to the civil law system. We can say that Common Law and civil law represent different families (familles de droit). In comparative law, … Lire la suite

House of Lords, House of Commons and the parliamentary sovereignity

  The Parliament and the parliamentary sovereignity Legislation: law passed directly or indirectly by Parliament. It’s not only the laws this is all pieces that the parliament adopt or that he delegated at other parties to adapt.  I) the Parliament: The etymology of the word: the word is originate in the French word. At the … Lire la suite

Statutory interpretation

Statutory interpretation: Interpretation is in general the discovering of the meaning of words, this is the search of the meaning of a word. Since in law we just have words, this exercise is very important in law and in legislation in particular. An interpretation may be needed when there is an ambiguity in the drafting … Lire la suite

Stare decisis or the doctrine of binding precedent

 Stare decisis : definition, advantages, disadvantages… A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases. Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at … Lire la suite

Judge-Made Law

 What is the nature of judge-made law? Judge made law means that judges in interpreting the existing law may need to make a decision where there is no settled precedent and in doing so their decision becomes law. Some may consider that judge made law is against the rule of law because if judges are … Lire la suite

What is Equity in English Common Law Tradition ?

Equity: Historical developments: In ordinary language, equity simply means fairness but in English law it applies also to a specific set of legal principles. Nowadays, equity has also a particular meaning in the financial world; it means the value of a company. Businessman spoke about private equity meaning the money of a corporation which isn’t … Lire la suite