Fifth Class Legal Systems and Judiciary. Different Legal Systems Common Law Continental Law.

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Presentation transcript:

Fifth Class Legal Systems and Judiciary

Different Legal Systems Common Law Continental Law

Nation and Legitimacy Authority of the State Federalism and the interest of cultural communities Layers of Government Second Class State Constitution and its Function Constitution Making Limit or empower Government Distribution of Powers legislative vacuum Empowerment of local Government

Legal Systems Judiciary and Administration of Federal Law Unitary or Parallel legal systems Independence of Judiciary Legal Dualism of Civil Law countries Limited Powers of Administrative Courts No writ of mandamus What powers for implementing federal law

Different “federal” solutions With regard to the Judiciary: Structure of the Judiciary: Federal – State Courts (USA) Federalized Judiciary (Switzerland) Centralized Judiciary (Germany) Jurisdiction with regard to federal laws: Constitutional review of cases USA Abstract review (Germany, Spain) Limited jurisdiction (Switzerland) Not to forget: International Jurisdiction namely European Court of Human Rights

Access to Justice Fundamental Right of Federal Constitution Decision of Federal Legislature Decision of local legislature Common law writs Access based on Human Rights Universal Human Rights Different Rights on Federal and Local level? Access by the legislature

Independence of Judiciary Power and Jurisdiction of the Courts Common Law: Power and Jurisdiction of Courts determined by common law Civil Law: Power and Jurisdiction determined By legislation: Federal Legislation only Federal and Local legislation Independence of Judges Federal and local solution for election and re- election of Judges Implementation of verdicts: Common Law: Contempt of Court Civil Law: Implementation by administration

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