Law Assessment: Civil Law System, Legislative Competence & Skills

This law assignment delves into the intricacies of the civil law system, commencing with an introduction that elucidates its foundational principles, including reliance on written statutes and legal codes, and its origins in continental Europe. The assignment examines the key aspects of this system, contrasting it with common law, and highlighting the role of judges in applying codified laws. It further explores legislative competence, specifically within the context of the Scotland Act 1998, defining its limits and implications. The assignment then presents examples of legislative competence, such as new fiscal policies and laws related to driving limits and criminal procedures. Finally, it reflects on the development of essential legal skills, emphasizing note-taking and reading methods to facilitate comprehensive understanding and effective problem-solving within the legal framework. The assignment also includes a list of references.

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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In some of the civil laws, the writing of some significant scholars has a huge
influence on process of decision making. There is a less freedom of contract in this type
law system and the parties cannot contract out in any such type of provisions.
A civil law system is more detailed than the common law system. Civil law is also
not binding on the third parties; they are not included in this type of system.
Conclusion
From the above study it has been summarized that civil law is not binding on the parties
which are third in nature. It has also been analysed that constitutional courts decisions
is implied on all the parties. It has also been analysed that there is a significant
implications on some of the civil law jurisdictions. The number of provisions in the civil
law system is limited in nature.
QUESTION 2
Legislative competence and meaning and the limit of legislative competence
Section 29 of the Scotland Act 1998 has provided the detail about the legislative
competence of the Scottish parliament. Legislative competence is one of the most
important factors in the process of making law in Scotland. It has also been evaluated
that Scottish parliament can only make law which is been given in the legislative
competence. It has also been analysed that any law which is been formed without
legislative competence is been considered as void and they can also have no legal
effect.
Section 28 has provided the detail that Scottish parliament is been given power
that they can develop laws and also they have been engaged in setting out
arrangements for the bills of Scottish parliament once they have been given power to
pass out the royal assent (Irawan Soerodjo, 2016).
Limit of legislative competence: Section 29 also sets out the limits of the power
which is not in the hand of Scottish parliament. An act of the Scottish parliament is out
of the law if it does not constitute the legislative competence. It is been related to
matters which are been reserved in nature.
Section 108A and schedule 7A
New fiscal policy for Wales:
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In the fiscal policy related to Wales, there needs to be radical changes in the education
system, research and development, spending and infrastructure. They also need to
develop changes based on changing demographic structure. This can be considered as
new fiscal policy for Wales.
New law establishing drink and drive limit for Scotland:
The alcohol limit been set up for drivers is different from every country in
Scotland. The limit is 50 milligrammes of alcohol per 100 millilitres of blood. In this only
22 mmgg alcohol needs to be consumed per 50 ml of blood. This has been set up has
new law which establish drinking limit for drivers of Scotland.
New law making that all criminal is guilty until proven
In order to reduce the crime, the new law in Scotland which can be made is that
all criminals are guilty until they are proven innocent. This has assisted in lowering down
number of cases in the Scotland related to crime (Singh and Bhardwaj, 2019).
Build a new nuclear plant outside Cardiff
It is a law in which nuclear plant needs to be built outside by Cardiff. This is the new law
which is been set in Scotland.
QUESTION 3
One of the skills through reflection
Note taking and reading methods were been used to answer the question
adequately. For example in this I was been involved in noting down all important
information which was necessary so that the lesson can be completed on timely basis.
These skills has also assisted me in overcoming the problems which was been faced by
me during the time of formation of report. For example I was also been able to make
better decision related to lessons learnt in these modules. These skills were really
helpful.
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REFERENCES
Books and Journals
Rahmawan, H., Sabri, F. and Mannas, Y.A., 2019. Regulating Legal Relationships of
Doctors and Hospitals to One Party with Patients to Other Parties in the
Indonesian Civil Law System. International Journal of Multicultural and
Multireligious Understanding, 6(4), pp.273-290.
Lee, C.K., 2017. How to Adopt and Develop Anglo-American Concept of Fiduciary Law
in a Civil Law System: A Korean Perspective. NYU Sch. Law.
Singh, S.A.K. and Bhardwaj, G., 2019. Decoding Common Law and Civil Law: Origin,
Goal and Legal Mechanism. Journal of the Gujarat Research Society, 21(5),
pp.44-52.
Irawan Soerodjo, S.H., 2016. The development of indonesian civil law. Scientific
Research Journal (SCIRJ), 4(10), pp.30-35.
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