Evolution of Common Law System

Authentic interpretation can only be done by the legislator in a generally binding manner, while interpretation by the courts is relevant only for individual cases.

Courts should never have the possibility to exercise legislative power.

It brought a strong hierarchical structure and centralization of power.

<p>Stare decisis</p> Signup and view all the answers

<p>14th century</p> Signup and view all the answers

<p>Common law was considered superior due to its flexibility, tailored decisions, and the expertise of judges.</p> Signup and view all the answers

<p>Consolidation Acts combined statutory norms and case law of a legal field.</p> Signup and view all the answers

<p>India</p> Signup and view all the answers

<p>Stare decisis</p> Signup and view all the answers

<p>To find the Volksgeist through historical inquiry and systematize the essence of the law.</p> Signup and view all the answers

<p>The main opposition came from legal scholars who believed that law should be rooted in the Volksgeist and derived from historical development.</p> Signup and view all the answers

<p>It establishes a binding power based on the ratio decidendi, even if mentioned in one judgment.</p> Signup and view all the answers

<p>Codification only arose at the end of the 19th century in Germany.</p> Signup and view all the answers

<p>It views law as a product of historical development, not derived from reason or enactment.</p> Signup and view all the answers

<p>Vertical binding refers to courts being bound by their own previous judgments, while horizontal binding involves courts being bound by judgments of other appellate courts.</p> Signup and view all the answers