Aspects of Civil Law System

Law Assessment

Contents
QUESTION 1.....................................................................................................................1
Aspects of civil law system............................................................................................1
QUESTION 2.....................................................................................................................2
Legislative competence and meaning and the limit of legislative competence.............2
Section 108A and schedule 7A......................................................................................2
QUESTION 3.....................................................................................................................3
One of the skills through reflection.................................................................................3
REFERENCES..................................................................................................................4

QUESTION 1
Aspects of civil law system
Introduction
Civil law systems means that one can rely on the written statutes and other legal
codes which are been constantly updated and because of this legal procedures and
punishments are been establish. This also defines about what can and what cannot be
brought in front of the court. The civil law system is been originated from continental
Europe and is also been adopted in much of the world. It has been analysed that there
are different legal system in various countries which is been followed by common law
and civil law. It has been evaluated that civil law system lays focus on the precedent
than they do on the codification of the law. In the civil law system judge is been
engaged in establishing the facts and are also been engaged in applying the remedies
which are been found in codified of the law (Lee, 2017). By contrast, in the United
Kingdom, the concept of parliamentary sovereignty means that legislation can only be
amended or revoked by Parliament, not the courts.
Main body
Aspects of civil law system to know these systems are predictable
There are various countries which follow civil law system and it includes French,
German, Spanish or Portuguese. The civil law system is known as codified system. It is
been originated from Roman law. Civil law system is basically a written system that is
based on the specific codes. In this law basic rights and duties have been defined. Most
of the central and Eastern European countries follows this type of law procedures. In
this the administrative law is been really less codified and also the court judges are
been engaged in behaving like common law judges.
It has also been evaluated that only legislatives enactments are been taken as
binding for all. In this type of system judges follow the decisions which were been taken
previously. It is been done so that better judgment can be given. In constitutional and
administrative court, they can be engaged in nullifying laws and regulations and also
their decisions can be taken binding in all such cases (Rahmawan, Sabri and Mannas,
2019).
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