Introduction

A legal system entails the various components or parts of a society, state, or

country responsible for carrying out the procedure or process of interpreting and
enforcing the law. Every law society has its own legal system. It helps to maintain
law and order in a particular place and varies from place to place.

In the words of Professor G. Maccormack “Legal system” is an ambiguous

phrase. It may be used to describe a collection of rules which have in common the
quality of being legal. In this sense it is in distinguishable from the term “Law”.
But in a stricter sense which gives better effect to the word “system”. The phrase
expresses the existence of some fact (other than the quality of being legal) which
the rules have in common

In the strict sense the term thus implies

1. The existence of rules of law

2. Possession by the rules of a quality which allows them to be collectively
described as a system.

Africa legal system: In Africa, laws are variously defined by or as customary

laws, religious law, common law, western civil law and other legal traditions and
combinations thereof.

Laws in Africa are gotten from various sources such as

1. Constitution
2.
3.
4.

It’s features include the following

 i. Judicial hierarchy
ii. Judicial precedent
iii. Duality
iv. Fusion of Legal profession

In the Africa legal system the constitution is regarded as supreme. It dictates

acts which are labelled as crime and those that aren’t crimes and the same
constitution also entails and allocated punishments are given based on what the
constitutions permits.

The Africa legal system is defined by:

Customary law derived from indigenous traditional norms and practices.

Western laws gotten or derived from laws in America and Europe.

The Africa legal system also constitutes courts which serve as one of the
major enforces of the law. These include (In their hierarchical order)

1. Supreme court
2. Court of appeal
3. Tier three courts

Supreme Court is regarded as the highest ranking court accompanied by the

court of appeal and then other courts.

Western Legal System

The western legal system companies the legal traditions of western law and
culture. The western legal system comparism mainly of criminal law an civil law
with each branch having it’s own courts ad procedures.
 Features of the western legal system include

i. Common Law: Western laws are developed by judges through decisions in

court
ii. Precedent
iii. Separation of powers
iv. Unwritten constitution
v. Trial by jury

The western legal system also comparism of various courts. These are in hierarchy

i. Supreme
ii. Court of appeal
iii. High court
iv. Country courts
v. Magistrate courts

Comparism between African and Western Courts

i. Judicial Precedents: This means the process where judges follow

previously decided cases were the facts are of sufficient similarly both the
Africa legal system and the western legal system makes use of or employ the
principle of judicial precedent. The both follow previously decided cases of
the facts in the cases are similar or the same. For example id it was decided
by a court in western A it that the punishment to a particular crime was
seven years imprison, if a court in location B is judging the same case with
similar facts, it can rule the some as court A.
ii. Hierarchy of Court: In both the Africa and western legal system, court
exist. Courts are seen as an avenue where laws are enacted. In both the
Africa and western legal system, these courts are ranked. There is a
 hierarchy in the court system. In African legal system. There is Supreme
Court, seen as the highest court, followed by the court of appeal and other
tier 3 courts. In western legal system there is the supreme court, followed by
the court of appeal, the high courts, country courts etc. thus those legal
system share similarities in the sense that they both hierarchically rance the
various courts that they hence the various courts that they have.
iii. Separation of Powers: In both legal systems, legal and political powers am
not housed of kept by a single body or arm of government powers are
separated amongst the judging legislature and other arms of government.

Differences or Distinctions in their legal system

i. Trial by Jury: The western legal system employ or makes us of what is

commonly known as or referred to as (Trial by Jury). Jury usually consist of
6-12 persons. These individuals are carefully selected and they voice out
their opinion after hearing the facts of the case. The western legal systems
employ a system of court where the jury decide the fate of the offender in
closed hearings and they usually makes use of the Jury in almost and court
deliberations.
Africa legal system on the other hand does not make use of trial by juries at
all or make use of trial by jury. They make use of judge lawyers, and other
court attendances. Trial by jury does not happen in the Africa legal system.
ii. Autonomy/ No external Influence: In the Africa legal system, corruption is
absolute external influence on court of legal preceding is high. Powerful
individuals or politicians tend to influence court rulings and ensure such is
done in their favors. Judges tend to favor those in power and rule in their
favor
 Western legal system on the other hand, has little or no external influence or
control. The court is structured in a way that the correct or appropriate rulings
are carried out. The jury decides, then the judges decide. All components of
their legal system work separately and autonomously not interfering in the
other business.
iii. Unwritten Constitutions: In African legal system the constitutions is
written constitution. It can be referenced to a solid paper and can be
accessed easily by people. The western legal system on the other hand
makes use of unwritten constitution.
REFERENCE

Milner, Alan (1967): The development of Africa law the international lawyer,
1. (2): 193-201

Derbyshire, Penmy (2017) Derbyshire. On the English legal system – 12ed-

Sweet and Maxwell

Joveman, Sandra (2001) “Inherited legal systems and effective rule of law:
Africa and the colonial legacy” The journal of Modern African Studies.

Slapper, Gary; David Kelly (2016) The English legal system. London
Routhodge

Ndelo, Muna (2011) “Africa customary law, customers and women’s might’s.
 COMPARE AND CONTRAST THE AFRICAN LEGAL SYSTEM TO
THE WESTERN LEGAL SYSTEM

Introduction

A legal system entail the various components or ports of a society, state or

country responsible for carrying out the procedure or process of interpreting and
enforcing the law. Every lawful society has its own legal system. It helps to
maintain law and order in a particular place and various from one places to
another.

African Legal System

In Africa, laws are variously defined by or as customary law, religious law,

common law, western civil law and other legal traditions and combinations
therefore. Laws in Africa are gotten from various sources such as;

i. Constitution
ii.
iii.
iv.

Its features include the following

i. Judicial hierarchy
ii. Judicial precedent
iii. Quality
iv. Fusion of legal profession

In the African legal system, the constitution is regarded as supreme. It

dictates acts which are labelled as crime and those that are not crimes and the some
constitution also entails and allocates punishments for these crimes. Cases are
ruled and punishment are given based on what the constitution permits.

The African Legal system is defined by;

Customary law derived from indigenous traditional norms and practices.

Custom law gotten or derived from laws in America and Europe.

The African legal system also constitutes courts which serve as one of the
major enforces of the law. These include (in their hierarchical order) include:

i. Supreme court
ii. Court of appeal
iii. Tier three (3) courts

Supreme Court is regarded as the highest ranking court accompanied by the

court of appeal and then either courts

Western Legal System

The western legal system comprises the legal traditions of western law and
culture. The western legal system comprises mainly of criminal law and civil law
earth each bench having its own courts and procedure. Features of the western
legal system include:

i. Common law: Western law, are developed by Judges through decisions in

court.
ii. President
iii. Separation of powers.
iv. Unwritten constitution
v. Trial by jury
The western legal system also comprises of various courts. These are; in hierarchy

i. Supreme court
ii. Court of appeal
iii. High court
iv. Country courts
v. Magistrate courts

Comparisons between African and western courts

1. Judicial precedent: This means the process whereby Judges follow

previously decided cases where the fears are of sufficient similarity. Both
the African legal system and the western legal system make use of or
employ the principle of judicial present. The both follow previously decided
casts if the facts in the cases are similar or the same. For examples if it was
decided by a court in location A that the punishment for a particular crime
was it gears in prison, if a court in location B is judging the same case with
similar facts, it can rule the same as court A.
2. Hierarchy of Courts: In both the African and western legal systems, courts
exist. Courts are soon as an avenue where laws are enacted. In both the
African and Western legal systems, these courts are ranked. There is a
hierarchy in the court system. In African legal system, there is Supreme
Court, seen as the highest court, followed by the court of Appeal and other
tier 3 courts. In western legal system, there is the Supreme Court, followed
by the court of Appeal, the high courts, country courts etc. thus those legal
systems share similarities in the sense that they both hierarchically rank the
various courts that they have.
3. Constitution: The constitution is supreme and paramount in both African
and western legal systems. Both have constitutions that they both adhere to
 strictly. He constitutions guides the rulings of the judges in courts and
stipulate which acts are criminal offences punishable by law and the degree
of punished that should be given for various criminal offers. Both African
legal system and the western legal system have constitutions and are guided
by this constitution.
4. Separation of Power: In both legal systems legal and political powers are
not housed of kept by a single body or arm of government powers are
separated amongst the judiciary, legislature and other aims of government.

Differences or Distinctions in their legal system

i. Trial by Jury: The western legal system employ or makes us of what is

commonly known as or referred to as (Trial by Jury). Jury usually consist
of 6-12 persons. These individuals are carefully selected and they voice
out their opinion after hearing the facts of the case. The western legal
systems employ a system of court where the jury decide the fate of the
offender in closed hearings and they usually makes use of the Jury in
almost and court deliberations.
Africa legal system on the other hand does not make use of trial by juries at
all or make use of trial by jury. They make use of judge lawyers, and other
court attendances. Trial by jury does not happen in the Africa legal system.
ii. Unwritten Constitutions: In African legal system the constitutions is
written constitution. It can be referenced to a solid paper and can be
accessed easily by people. The western legal system on the other hand
makes use of unwritten constitution.
iii. Autonomy/ No external Influence: In the Africa legal system, corruption is
absolute external influence on court of legal preceding is high. Powerful
individuals or politicians tend to influence court rulings and ensure such is
done in their favors. Judges tend to favor those in power and rule in their
favor. Western legal system on the other hand, has little or no external
influence or control. The court is structured in a way that the correct or
appropriate rulings are carried out. The jury decides, then the judges decide.
All components of their legal system work separately and autonomously not
interfering in the other business.
REFERENCE

Milner, Alan (1967): The development of Africa law the international lawyer,
1. (2): 193-201

Ndelo, Muna (2011) “Africa customary law, customers and women’s might’s.

Joveman, Sandra (2001) “Inherited legal systems and effective rule of law:
Africa and the colonial legacy” The journal of Modern African Studies.

Derbyshire, Penny (2017) Derbyshire. On the English legal system – 12ed-

Sweet and Maxwell

Slapper, Gary; David Kelly (2016) The English legal system. London
Routhodge