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From what I understand, this is a USA problem. European legal system isn't based on case law and there is a lot more of the jugde interpreting the loosely defin
by kungito 5y ago
From what I understand, this is a USA problem. European legal system isn't based on case law and there is a lot more of the jugde interpreting the loosely defined laws and the constitution. There is also this "law practice" or how would you call it which is when a similar thing has been decided in the same manner you can expect yours to be too but it is not guaranteed and these "trends" regarding the same thing can change from time to time
- tw04 5y agoIt's called precedent and is also prevalent in the US Justice system
- still_grokking 5y agoIt's not only the US with this "every court ruling becomes quasi-law" approach. (I have a hard time not to call it madness to be honest). It's inherited form the Anglo-Saxon law tradition so this system can be found across the whole British commonwealth as well. Most EU countries on the other hands side come from a law tradition inherited form the Roman Empire. The Romans didn't had case law but a very structured and principled law system. (It likely wouldn't had worked otherwise for them given all the different traditions in the provinces; you wouldn't have gotten any comparable court rulings in different parts of the empire without a strict systematic and strong governing principles). But EU law as a whole (compared to the law in the countries) isn't that "pure" as the Brits brought of course their views to the table and some more case-law like parts sneaked into EU law by now. Just look at who the European Court of Justice works for example.