ipl-logo

Legal Traditions Made With The Constitution Of The United States

550 Words3 Pages

There are several legal traditions that are present in the world today, however the two dominant traditions used by different countries are the Common Law Legal Tradition and the Civil Law Legal Tradition.
Dammer and Albanese explain how “The Common Law places great emphasis on case precedents and fine distinctions of procedure” (Dammer and Albanese, 2014, p. 62). A country that uses Common Law is of course the United States of America. In the United States judges use case precedents that were decisions made by other judges based on their interpretation of the Constitution of the United States of America. Many important interpretations have been made with the Constitution to include Roe v. Wade, Miranda v. Arizona, and Terry v. Ohio.
Another country that uses Common Law Legal Tradition is the United Kingdom. Common Law was …show more content…

An example of a country that uses Civil Law would be France. France Civil Law came from their 1789 Declaration of the Rights of Man and of the Citizens (Dammer and Albanese, 2014, p. 76). With the French, their penal code is divided into 5 different books.
Another country that also uses the Civil Law Tradition is Germany. Unlike the French, who took only a few years to draw up a civil code, it took Germany 20 years to put together a German code. Even though the unification of Germany took place in 1871, the code did not actually go into effect until 1900 (Dammer and Albanese, 2014, p. 48). After WWII, Germany began using Common Law Traditions some but still mainly used the Civil Law tradition.
There are countries that use a hybrid of different laws. Once example of this would be China, which uses Socialist Law Legal Tradition and Civil Law Tradition. China adopted codes of law in 1979 to cover the Civil Law portion however, since the Communist Party makes majority of the major decisions in the country, the Socialist Law Tradition takes precedent over the Civil

Show More
Related

Mao's Last Dancer Analysis

714 Words | 3 Pages

Chinese people used to be governed under very strict rules and laws. Over the last few years, the government has taken out many strict laws about religion, traditions and clothing. This has given people more freedom and are now happy to abide but the rules now in place. The government is called The people's Republic Of China. Power in the Chinese government (within the Republic) has being split up into 4 branches.

Read More

Chinese Legalism-Ancient History: Qin Dynasty

809 Words | 4 Pages

Erick Roque Chinese Legalism History Report Background Information According to the website, Legalism - Ancient History Encyclopedia, it says that the Chinese legalism now became the official philosophy of the Qin Dynasty. After the website says that, it has parentheses that says numbers. I think it means the years (221 - 206 BCE). The person who wrote this was named Emily Mark.

Read More

Us Constitution Dbq

626 Words | 3 Pages

Constitution Eugene Gutierrez History101shortpaper Professor Parham July 12, 2015 Although The Articles of Confederation was first drafted to be the governing document of the United States. It was created to try to move power out of central authority and protect land claims by states. It seemed that congress at the time were trying not to go back to tyrant ways of their oppressors so they didn’t give the central government the ability to levy taxes and regulate commerce. What was the reasoning in creating the U.S Constitution?

Read More

Us Constitution Dbq

1283 Words | 6 Pages

/18 The United States Constitution is by far one of the most important pieces of American set of laws. It was written in 1787 during the Philadelphia convention, according to the library of congress at first the continental congress had formed a loose set of laws known as the articles of confederation. Which is actually considered to be the first constitution of the United States which was written in November 15, 1777 however, the states were not at all organized and did not ratify them until March 1, 1781.

Read More

What Is The Theme Of Judicial Tyranny The New Kings Of America

1094 Words | 5 Pages

If we look at it in this light, it seems we are heading away from the rule of law and into the rule of man by the judges. Under a rule of law, the law is the highest authority and everyone in the country is under that law. The law creates a consistent standard of conduct that should be easy to understand. Under the rule of man, there is no consistency in ruling. Precedent is considered, but if the judge disagrees with the previous ruling, he can disregard it and issue the sentence or ruling that they think is correct.

Read More

Us Constitution Dbq

446 Words | 2 Pages

The US Constitution was created in 1787. It was all about putting confidence in the citizens that they would be taken care of no matter what. It was very important to the people who wrote the Constitution that everything that was written would come to firmition. In certain situations the Constitution was held to its principles and in some instances it fell flat. When talking about the Whiskey Rebellion, Jefferson did a good job trying to support the citizens of the States.

Read More

What Is The Constitution Of The United States Dbq Essay

946 Words | 4 Pages

Overtime in history, the United States has developed documents from the Puritans idea of Covenant to what we have today-The Constitution of the United States. The Puritans eventually escaped to freedom in America from England and then later, helped show colonists through experience and history how to develop certain parts of The Constitution. Most events leading up to writing The Constitution, have parts in it that fixes problems of specific events so that if another event similar to the one prior happens, the United States would already know one solution. Throughout U.S. history, there have been people and their cultures expand during and after the Puritans idea of Covenant, such as the Quakers, the Pilgrims, and the colonists.

Read More

Constitution And Lawmaking Essay

1661 Words | 7 Pages

How well does the constitution keep our lawmaking process protected? Many people don’t think about this when they hear the words “lawmaking process” because the constitution talks about the three branches of government but doesn’t mention the words “lawmaking process”. The lawmaking process is a basic procedure that many don’t think about, but it affects our country. There are 2 different ways to “receive” laws, state process and our entire countries process. In my opinion, the constitution states the lawmaking process well and is a very good source about each branch of the government, so I think the constitution, protects the lawmaking process.

Read More

Comparison Of Stare Decisis And Precedent Relate To The Common Law

143 Words | 1 Pages

Common law are laws that were developed by English and United States judges and are composed of state laws and statutes that are constantly changing with the times (Hall, 2015). Stare decisis are used in courts that state the facts are virtually the same from previous cases and stand by similar cases that have been decided. Precedent is the decision that has been made in that court or of a higher court that the judge must follow because of similar facts and legal issues from previous cases (Hall, 2015). Stare decisis and precedent relate to the common law by guiding the judge in making his or her ruling based off of decisions that have been made from previous cases that are similar to the one they are presiding over.

Read More

Us Constitution Dbq

1375 Words | 6 Pages

Since its inception in 1787, the U.S. Constitution has been considered as the oldest and most influential document. It laid down the principles and foundation which helped shape U.S. as a nation, and the more than one hundred countries that used it as a model for creating their own Constitution (Constitutionfacts.com, n.a.). But the circumstances during its creation were critical. The American War of Independence (1775-1783) against Great Britain had ended with the signing of the Treaty of Paris that gave sovereignty to the U.S. in 1783.

Read More

Similarities And Differences Between US And US Governments

572 Words | 3 Pages

In contrast, the first point of interest is the existence of a formal constitution. The United Kingdom does not operate under a written constitution. The main mechanism applicable is the law of precedence whereby laws are enforced based on similar cases that happened in the past. On the other hand, the United States has a written constitution. All laws are crafted by the legislative bodies and passed through a

Read More

Key Constitutional Concepts By Leonore Annemore Annenberg Institute For Civics

644 Words | 3 Pages

The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.

Read More

The Essential Political And Lawful Structure Of The Constitution

171 Words | 1 Pages

The Constitution makes the system by giving the essential political and lawful structure that issues the principles by which a legislature works. It additionally designates the forces to the different branches of government which thusly, structures the legislature and in this way restricting the energy of any branch through the balanced governance framework. Of the three branches of government, (Legislative, Executive, and Judicial), the official is the most complex influencing the other two to appear to be moderately irrelevant when thought about. For instance, the official branch which is going by the president, contains the parts that serves to actualize national arrangements built up by both protected and authoritative means. Inside the

Read More

Advantages And Disadvantages Of The Common Law System

1268 Words | 6 Pages

[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

Read More

Essay On Monism Vs Dualism

1225 Words | 5 Pages

The use of ECHR or European Convention on Human Rights in British courts before it was being incorporated into United Kingdom law is an example. UK and any other country which relies to the power of legislation, should always if possible do not conflicts with the international law. Therefore the supremacy of both laws depends on the acceptance if the municipal courts to the international law

Read More

More about Legal Traditions Made With The Constitution Of The United States

Related Topics

Open Document