University of Wisconsin Law School Law In Action
A Europe-wide Law Merchant was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries’ local law under new civil codes. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply.
- As a result, as time went on, increasing numbers of citizens petitioned the King to override the common law, and on the King’s behalf the Lord Chancellor gave judgment to do what was equitable in a case.
- The fundamental constitutional principle, inspired by John Locke, holds that the individual can do anything except that which is forbidden by law, and the state may do nothing except that which is authorised by law.
- In civil law systems such as those of Italy, France, Germany, Spain and Greece, there is a distinct category of notary, a legally trained public official, compensated by the parties to a transaction.
- Environmental law is increasingly important, especially in light of the Kyoto Protocol and the potential danger of climate change.
Negative perceptions of “red tape” aside, public services such as schooling, health care, policing or public transport are considered a crucial state function making public bureaucratic action the locus of government power. In the ‘lower house’ politicians are elected to represent smaller constituencies. The ‘upper house’ is usually elected to represent states in a federal system or different voting configuration in a unitary system . In the UK the upper house is appointed by the government as a house of review. One criticism of bicameral systems with two elected chambers is that the upper …