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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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