Podcast Beta
Questions and Answers
Which legal system primarily originates its rules from judicial decisions?
What is the principle of 'binding precedent' in Common Law?
How does Civil Law mainly derive its legal rules?
Which of the following is a characteristic of Common Law systems?
Signup and view all the answers
In which country is customary law recognized at the lowest hierarchical level of law?
Signup and view all the answers
What determines whether the federal or state legislation is applied in the event of a conflict?
Signup and view all the answers
What happens to past cases when a new rule that does not apply retroactively is enacted?
Signup and view all the answers
In a federal system, what does competence criteria address?
Signup and view all the answers
Under which section of the U.S. Constitution are the federal legislative powers specifically enumerated?
Signup and view all the answers
What occurs when both federal and state levels retain legislative power over a matter?
Signup and view all the answers
Study Notes
Laws and Legal Systems
- Laws do not apply retroactively.
- The first step in resolving legal conflicts is determining which criteria apply.
- Hierarchical criteria take precedence if a hierarchical relationship exists between conflicting rules.
- Chronological criteria are used if there is no hierarchical relationship.
- Competence criteria are used when legislative function is horizontally distributed, such as in federal or regional legal systems.
US Federal System
- The US Constitution establishes a federal system.
- Federal legislative powers are enumerated in Article I, Section 8 of the US Constitution, including the authority to tax, regulate commerce, coin money, and establish rules on naturalization.
- State legislative powers apply to matters not explicitly enumerated as federal powers.
Customary Law
- Customary law emerges from consistent patterns of behavior within a community.
- It reflects a collective understanding rather than an explicit act of will.
- In Italy, customary law is recognized as a source of law, referred to as "Usi" (usages).
Comparative Legal Systems
- Legal systems are categorized as either Civil Law or Common Law.
- Civil law originates from continental Europe and is rooted in Roman law.
- Rules in Civil Law systems are derived from formal legislative functions, with judges interpreting statutes using a syllogistic approach.
- Common Law emerged from the English legal experience, with legal rules primarily originating from judicial decisions.
- The principle of "binding precedent" applies in Common Law systems, wherein past decisions serve as a rule for future cases.
Western Legal Tradition
- Western legal systems share a common historical foundation.
- The modern state has evolved, particularly in relation to human rights.
- Positive law asserts that law is created by authorities, while natural law suggests inherent human rights.
Historical Context
- The 15th to 17th centuries saw the emergence of new political and legal institutions.
- This period led to the divergence of Roman law into distinct paths, resulting in Common Law and Civil Law.
- Jus Publicum Europaeum emerged to regulate state interactions based on shared principles.
- A cohesive Western society began to take shape.
- Modern and contemporary constitutions arose from interactions between legal and political institutions.
Importance of Comparative and Historical Approach
- A comparative and historical approach is essential for understanding constitutional law and how national legal systems evolved from Western constitutionalism.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers fundamental concepts in laws and legal systems, including the principles of retroactivity and hierarchical criteria in legal conflicts. It also explores the US federal system established by the Constitution and the essence of customary law. Test your knowledge of how these elements interact within the framework of law.