European Legal Structures
III. Legal Structure and Legal Culture-Bureaucratic structure increases causing complication which could not have been foreseen -Legislation develops which is outside the code: 1. Special Statutes) *Usually passed by the exec. Branch -Legislature delegates the power to pass special legislation to exec. -Judicial interpretation emerges addressing the laws outside the code -Thus glosses exist on the legislative texts(glosses sometimes occurred in “special courts” -Before nations were treated as a whole, now it is understood that each area must be treated differently B. “Separation of Powers”(Basically talking about France) -Civil law is entirely different largely due to fear of the judiciary -Results in the legislature(parliament) being supreme as they are elected officials -The 2nd key component is “no government by judges” they actually prohibit judicial review of legislative actions C. Parliamentary Governments(France is a special case) -legislature is supreme and is the source of executive power -from the legislature comes the Prime Minister who is appointed by the head of state and must be selected from the maj
4. “Legal Doctrine” is a rule which says if a highest court has reiterated the same holding in a certain number of cases that the lower courts must then follow that rule -Some parts are literally a translation of the Napoleonic Code while other parts have new Spanish additions -Impact of Sources of Law on Structure -The main organ of the executive government operates as members of the Supreme Court
Some topics in this essay:
Prime Minister,
Magistrates President,
Court Jurisdiction,
Appeals Assizes,
Special Statutes,
Spanish Law,
Executive Branch,
Constitutional CourtDecisions,
House Representatives,
France President,
administrative courts,
lower courts,
criminal matters,
supreme court,
prime minister,
-the court,
court appeals,
region region,
civil criminal,
judicial review,
region region region,
criminal matters -the,
courts administrative courts,
civil criminal matters,
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Approximate Word count = 2028
Approximate Pages = 8 (250 words per page double spaced)
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