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Civil Law Tradition Essay

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The Civil Law/Romano-German Tradition Civil law tradition was developed in Continental Europe in the Middle Ages. This tradition was applied throughout continental Europe and the colonies of European Powers such as Spain France and Portugal . The Civil law or the Romano German Tradition is codified . This means that there is a comprehensive and exhaustive list of codes ad regulations which prescribes all matters which can be brought before a court of law. Codes are categorized in three distinct divisions. There are substantive Codes which outline civil and criminal matters which can be tried. There are also Procedural codes which dictates the procedure for trying these offences and Penal Codes which outline the relevant punishments . The …show more content…

In the United states of America, the principle of legality has been mainly two fold. It incorporates the rule against retroactivity or the ex post facto rule as well as the rule against vague or unclear laws. The rule against retroactivity applies to all laws within the United States of America. However, it is often treated as if it is a rule which is exclusive to criminal law to the exclusion of the civil …show more content…

While the rule against vagueness is to be treated as a Fifth Amendment requirement of due process meaning that it should be applicable to all criminal laws, it is often times treated as a First Amendment which relates particularly to interference with protected speech. It seems in the US that courts are willing to maintain clearly vague statues as long as congress intended for them to be vague. Popular examples of these vague laws which have been upheld include the Racketeer Influenced and Corrupt Organization Act . The view is often taken that vague provision may strengthen and quickens a state war against crime. American cases such as Papachristou v City of Jacksonvile shows that a court may strike down a criminal law statute because it extends beyond a states prescribed

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The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.

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In June 21, 1973, Miller was convicted on the ground of advertising the sale of what was considered by the court as adult material. He was found guilty as he broke the California Statute. The California Statute forbids citizens from spreading what is considered offensive in societal standards. The question that was being asked was that if the action of Miller was Constitution thus is protected under the law. However, he lost the case due to a vote of 5 - 4.

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“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

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Roman law, was effective in the Eastern Roman Empire (331-1453), and is also the basis of our legal system, civil system which most countries apply, from Europe to Latin America. Even English and North American Common law also were influenced by Roman law, particularly in the legal glossary - stare decisis, culpa in contrahendo, pacta sunt servanda. The primary document that all Roman laws were included was the Twelve Tables. This attempt was the earliest of Romans to create a Code of Law and is also the earliest (surviving) piece of literature coming from the Romans.

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Introduction of statutes Statute is the main source of south African constitutional law.this is not in any way to deny or detract from the vital importance of both English and Roman-Dutch common-law sources. The statutory sources are legion, and it is not easy to task which constitutional statutes are of sufficient importance to justify their inclusion in a compilation of laws in relation to this topic. It was decided, in the end to keep basic statutes and largely to omit those dealing with specialised aspects of constitutional law. Statutes are arranged in their chronological order.

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