(July 8, 2014 at 10:14 pm)Jenny A Wrote:(July 8, 2014 at 10:05 pm)Blackout Wrote: Another difference, you have those determining cases that solve similar cases for the future and pretty much have an 'executive' or 'legislative/legal' force, while here a decision by a court only has effect on the case sentenced, all other similar cases can be decided differently as long as the interpretation can still fit the law. Unless it's our constitutional court forbidding a law because it goes against the constitution, but those are extreme cases, and have been happening frequently
Ah that's the common law system we inherited from the British. They too have case law. I think, but maybe someone else from the relevant countries can confirm this, that Canada, Australia, India, and other countries once held by the British have case law based upon precedent too.
I'm grateful to the British for inventing it too. The law ought to be applied to everyone in the same way under the same circumstances.
You might be interested to know that in vast areas of civil tort law there is hardly any legislative law at all. It's all court case law.
Yes I studied the systems of law around the world, the most common ones are the commonlaw from the british (with the countries you mentioned) and the Roman Germanic system, the one we use inherited by the Romans, as is also used by most european countries, we have a different approach of laws, there is almost and overdose of legislation and everything is constantly regulated in very specific terms, there are many laws coming out repealing former laws, courts have the power to decide on the concrete case but they can't impose the decision on other situations, we use the motto that even apparently equal situations can be unequal at some point and it's best to play safe than sorry.
To give you an idea, our civil law, that regulates private relationships between individuals, like contracts, property, family (marriage, parents and kids relations and paternal power etc), successions/heritages and property, is composed by a code that has nothing less than about 2400 articles, and at least 50 laws out of the book to fill in the blanks left by the law. This is what I study to pass one semester class, even lawyers have a hard time knowing all laws.
Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you