Fifth ClassLegal Systems and Judiciary

Different Legal SystemsCommon Law

Continental Law

Nation and LegitimacyAuthority of the State

Federalism and the interest of cultural communitiesLayers of GovernmentSecond Class State

Constitution and its FunctionConstitution MakingLimit or empower GovernmentDistribution of Powers legislative vacuumEmpowerment of local Government

Legal SystemsJudiciary and Administration of Federal Law

Unitary or Parallel legal systemsIndependence of Judiciary

Legal Dualism of Civil Law countriesLimited Powers of Administrative CourtsNo writ of mandamusWhat powers for implementing federal law

Different “federal” solutionsWith regard to the Judiciary:

Structure of the Judiciary:Federal – State Courts (USA)Federalized Judiciary (Switzerland)Centralized Judiciary (Germany)

Jurisdiction with regard to federal laws:Constitutional review of cases USAAbstract review (Germany, Spain)Limited jurisdiction (Switzerland)

Not to forget:International Jurisdiction namely European

Court of Human Rights

Access to Justice

Fundamental Right of Federal ConstitutionDecision of Federal LegislatureDecision of local legislatureCommon law writs

Access based on Human RightsUniversal Human RightsDifferent Rights on Federal and Local level?Access by the legislature

Independence of Judiciary

Power and Jurisdiction of the CourtsCommon Law: Power and Jurisdiction of Courts determined by common lawCivil Law: Power and Jurisdiction determinedBy legislation:

Federal Legislation onlyFederal and Local legislation

Independence of JudgesFederal and local solution for election and re- election of Judges

Implementation of verdicts:Common Law: Contempt of CourtCivil Law: Implementation by administration