English And Spanish Legal System
Páginas: 2 (319 palabras)
Publicado: 5 de mayo de 2012
What are the main differences between the English and Spanish legal systems? What are the strengths and weaknesses of each system?
Spanish law is characterized by using the continental system. Itmeans that it is supported mainly by laws and regulations and to a lesser degree by customs and judicial decisions. It is a complex law, in which autonomous community legislation coexists with thenational legislation.
The three most important characteristics of Spanish law are constitutional supremacy, constitutional control and separation of powers.
The law that it is applied in Englandis known as Common Law and its origin is medieval English custom. It is a system whose main source of law is jurisprudence. Judges impose law being based on other previous similar rulings, whichestablished a precedent, and repeating them in good time, have consolidated the customs.
The most important differences between both legal systems are for instance, that the sources of law used inEngland are legislation and case law, whereas the sources of law in Spain are Statutes or legislation. Another difference is that in England lawyers control the courtroom, and in the Spanish systemjudges dominate trials.
On the one hand, in England judges are experienced lawyers and on the other hand in Spain judges must do a competitive examination.
In England the degree of judicial independenceis high and in Spain is high as well, but separate from the executive and the legislative branches of government.
Juries in England are provided at trial level while Juries in Spain may adjudicatein conjunction with judges in serious criminal matters.
Relating to policy-making role, in England courts share in balancing power while in Spain courts have equal but separate power.
Bothcountries reject the death penalty, however, in Spain it is being debated whether to adopt a life sentence that will be really accomplished, while life sentence was already introduced in the United Kingdom.
Spanish law is characterized by using the continental system. Itmeans that it is supported mainly by laws and regulations and to a lesser degree by customs and judicial decisions. It is a complex law, in which autonomous community legislation coexists with thenational legislation.
The three most important characteristics of Spanish law are constitutional supremacy, constitutional control and separation of powers.
The law that it is applied in Englandis known as Common Law and its origin is medieval English custom. It is a system whose main source of law is jurisprudence. Judges impose law being based on other previous similar rulings, whichestablished a precedent, and repeating them in good time, have consolidated the customs.
The most important differences between both legal systems are for instance, that the sources of law used inEngland are legislation and case law, whereas the sources of law in Spain are Statutes or legislation. Another difference is that in England lawyers control the courtroom, and in the Spanish systemjudges dominate trials.
On the one hand, in England judges are experienced lawyers and on the other hand in Spain judges must do a competitive examination.
In England the degree of judicial independenceis high and in Spain is high as well, but separate from the executive and the legislative branches of government.
Juries in England are provided at trial level while Juries in Spain may adjudicatein conjunction with judges in serious criminal matters.
Relating to policy-making role, in England courts share in balancing power while in Spain courts have equal but separate power.
Bothcountries reject the death penalty, however, in Spain it is being debated whether to adopt a life sentence that will be really accomplished, while life sentence was already introduced in the United Kingdom.
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