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European Legal Structures
III. Legal Structure and Legal Culture
I. Introduction to Structure
A. Common Trends
-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
2. Regulations )
-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
Approximate Word count = 2028
Approximate Pages = 8 (250 words per page double spaced)
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