CONTINENTAL EUROPEAN LEGAL SYSTEM
This name refers to Europe, excluding the United Kingdom. It is the system of countries that are largely based on Roman law.
Characteristics:
1- Codified: The Black European Legal System is a codified legal system. It is formed by collecting the unwritten rules and collecting them in written form. Roman Law was codified by Justinian I with the corpus of law called Corpus Iuris Civilis.
The exception to this is that administrative law was not codified in France and Turkey. The rules are scattered.
2- It is written: The Continental European Legal System is mostly a written legal system (Customary Law is only a supplementary source, it is not written).
3- Jurisprudence is not the main source: In this system, case law is only seen as an auxiliary source of law. The decision of a higher court does not bind the lower court or other courts; there are exceptions. In Turkey and France, administrative law is largely a jurisprudential branch of law. The Unification of Jurisprudence Decisions of the Supreme Courts are also binding on lower courts.
4- Distinction between Private and Public Law: There is a distinction between private and public law dating back to Roman Law.
5- Judicial Separation: There are at least two separate judicial systems in the Continental European System. These are judicial and administrative judiciary. Both groups have their own superior courts.
COMMON LAW SYSTEM
The common law or Anglo-Saxon Legal System, which was born in England, operates in countries such as the USA, Canada, Australia and India. It is a legal system based on the old customs and traditions of England.
Its features are:
1- It is not codified: It is an unedited legal system. The rules of law include customary rules and mostly court precedents.
2- Custom and Tradition are the main source of law
3- Jurisprudential in nature: It is essentially a jurisprudential legal system. The decisions issued by the courts must be followed by others.
4- There is no distinction between public and private law: Law is the same in all its branches. This means that disputes between the state and private persons are resolved according to the same law.
5- There is Judicial Unity: Courts are not divided into judicial and administrative. Even if the names of the courts are different, they are under the same superior courts. The same courts hear all private and state cases.
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