JUDICIAL SYSTEMS IN ANGLO-SAXON LAW FAMILY. BASIC ELEMENTS
JUDICIAL SYSTEMS IN ANGLO-SAXON LAW FAMILY. BASIC ELEMENTS

Summary/Abstract: Traditional delineation of law systems in established families is common knowledge. The legal geography of the world in herently also generates a judicial geography. In other words, not only the legal order has distinctive elements but, as a consequence, the judicial organization naturally adopts particular aspects, in both form and content. The present study focuses on the Anglo-Saxon systems (the British law system and American law system), whose legal order has as a dominant element the recognition of the judicial precedent as the prime source of the law, hence a special care for the organization and the functioning of the judicial system in which the precedent occurs. There is a demarcation between the states that promote the essence of this law family, as though they are largely governed by the same rules, there are, however, specific features that are of interest in the research in its entirety. Thus, if the British law,of consuetudinary nature, places the judge in the position of creator of law, the written law being the exception here, for American law, the elements that make him particular derive, on the one hand, from the way in which the judiciary is organized and operates, and, on the other hand, from the relation established between the custom and the written law. This is precisely why the analysis focuses on some of the defining aspects of the two law systems, concentrating on the way in which their judicial systems are organized and operated.

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