Difference Between Common Law and Civil Law
Civil law
1. It is a roman law.
2. State is full of soverign and it is a source
of law and justice and rights.
3. In the civil law system the only source of
law is the legislature and the courts
only apply the law.
4. Civil law police has huge powers and
they follow the inquisitorial justice
delivery system.
5. In the civil law system the only source of
law is the legislature and the courts
only apply the law.
6. Separation of Powers:-
By contrast, the original idea of
separation of powers in France was to
assign different roles to legislation and to
judges, with the latter only applying the
law (the judge as la bouche de la loi).
7. Legal opinions in civil law countries are
usually very short and formal in nature.
Judicial Dissent are not allowed in Civil
Law countries.
8. Civil law judges are usually trained and
promoted separately from attorneys.
Principles of civil law: 1. Source of Law
Primary Sources :- Constitution Code Laws
Common law
1. It is a English law.
2. State has limited soverign and government was
supported as demonator.
3. The source of law is the reason and wisdom of
the court precident . they follow the principle
of stare decice.
4. Common law follow the adversarial mode of
justice delivery system which provided the
limited and regulated role of the police
5. In common law the Rule of law has a meaning
which is pre-constitutional and the due process
and principles of natural justice has important
role to play.
6. Separation of Powers
In some common law countries, especially the
United States, judges are seen as balancing the
power of the other branches of government.
7. Common law opinions are much longer and
contain elaborate reasoning. (Note-1).
Tradition of writing seriatim and Dissenting
Opinion.
8. Common law judges are usually selected from
accomplished and reputable attorneys. (Note-
2)
Customs General Principles