THE SIMILARITIES AND DIFFERENCES BETWEEN THE LIBYAN LEGAL SYSTEM AND THE UK LEGAL SYSTEM.
Rabi. H. Khamis.
There is no doubt that the legal system is the only way to organize the societies as well as it is different from country to another , in addition a significant role has been played to developing and dominating the relationship between countries .furthermore ,the organization of relations between people
At the present time approximately all countries a following specific legal system and that trapped between two type systems, namely the Latin and the Anglo Saxon.
Obviously, the UK legal system is composed of considerable law rules which were created by judges in the courts, such as the decisions of the senior appellate courts becomes law. Furthermore, these rules are applied in America and Australia even though it was not codified. On the other hand, the civil law was codified in European countries also was applied in the colonies, for instance, Tunisia, morocco they were French
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On the other hand , the subdivisions of private law in Libya ,such as , sharia law, commercial law and civil law are refers to the individual cases , ( ibid ) .while ,Chadwick (2011) stated that ,in the UK legal system there are several types of law a national law which is applied between people and international law which divided into public and private law. The public law is separated into three parts, constitutional law, Administrative and criminal law, whereas, the private law always treated or work on civil law add to that other three types, family law, company law and employment law to cope with the quarreled between humans .However, criminal law is similar as Libyan legal system, because it is independent law to deal with criminal behavior or offenses established which is prohibitive at risk of
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.
The Codes of Law were broken into certain categories. These categories are not definitely known, but the majority of historians believe them to be: family, labor, personal property, real estate, trade and business. Many think...
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
The Australian Legal System has a rich and detailed history dating from 1066. Law is made in Parliament. We have four sources of law and three courts with different jurisdictions that interpret the law when giving out justice. Important doctrines act as the corner-stones of our legal system. There is a procedure in the courts for making appeals. Separation of powers exists between officials in the courts, the parliament and the Executive. Everyone in Australia is treated equally under the Rule of Law, no matter their office or status. The Law is always changing as society changes, but it can never be perfect and cannot please everyone.
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
•At the beginning of the 19th century there were 3 types of law in England:
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Since there is a premise on which the judgment will be made, a proper benchmark, the judicial procedure occurs much quicker. For this reason, it is much more efficient in its process in relation to the codified system which does not follow this process of a precedent based system. As the decisions made are premised on antecedents, they have a firmer basis. This is an obvious advantage over the common law as the codified system of law has to rely on the creation of rules and legislation rather using case laws to create future laws.
The meaning of English Legal System is stated out by Cownie and Bradley in the English Legal System book . There are many sources that build up the English Law as it is today. The main sources of English Law consist of Common Law, parliamentary legislation and delegated legislation. As stated in Gary Slapper & David Kelly’s English Legal System book , there are many different interpretations of the phrase ‘source of law’ where in this book the law is made up of three main sources; where in Martin Hunt’s “A” Level Law , though there are different sources that make up the English law, these sources are differentiated in two main categories with various minor sources.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
There simply is no alternate system of laws that can maintain the calm and peaceful environment for people of the world besides “law”. One can easily see the need for each and every nation to enforce its own set of rules. While all of the countries of the world have their own individuality – they all have one considerable feature which is a system of law. It has no significance what type of government is the command, the rules are all appropriate to the people in their community.
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,