REVIEW OF LEGAL SYSTEMS
The legal system is a system developed to control the operation of a country’s regulatory, governmental and judicial authority who they supervise and impose the laws and regulations of the country. The legal systems that I choose to briefly review is my home country’s and in particular the Greek (Hellenic) legal system compared to the legal system of the United States of America (USA). I choose the above systems due to their differences and one similarity that they have.
The Greek legal system resides to the civil law tradition and it has been influenced by the Roman and Byzantine law (Blakesley, 1991) together with the modern civil law of the German state. The modern Greek law was established and evolved from the beginning of the Hellenic state on 1830 after the successful outcome of the independence war fought against the Turks on 1821. The vital element for Greek law is the distinction between private and public law (Tassopoulos, n.d.).
All the applicable Greek laws are codified in different codes. The only exemption is the administrative law (WUni, n.d.). According to Tassopoulos (n.d.) the most essential codifications of the Greek law is the civil code, code of civil procedure, code of the law trimune, code of criminal procedure and penal code.
Since the Greek (Hellenic) legal system belongs to the civil law tradition it does not have any common law reference and judicial precedent, therefore all legal cases must be addressed against a certain law applicable for the case which will also determine the outcome of the verdict of the mentioned case.
Finally the judicial system of Greece (Hellas) is completely independent and its independence is guaranteed by the constitution. The Greek judicial system has the authority to review constitutionality of legislation (Blakesley, 1991). The Greek judicial system has four (4) different types of courts, there are: administrative courts, criminal courts, civil courts and a Supreme Court (Symvouleio tis Epikrateias) which examines the constitutionality of legislation and determines the applicability of international law directives to the domestic legal system (Blakesley, 1991; Tassopoulos, n.d.).
The US legal system is divided in several levels within USA. The constitution of the US establishes a federal government (Pomeroy, 1883). According to the Federal Judicial Center (n.d.) the US constitution provides certain authorities to the federal government. However not all authority is appointed to the federal government, individual states have their own legal codes, judicial system, state constitution and overall governmental framework.
The legislative work of the USA is performed not only by the federal government but also from each state of the USA as well. Moreover when the federal and state legislation do not provide sufficient governance then US common law and judicial precedent is applied (USDS, 2004).
US common law is a law tradition, originated from England, is a...