List of national legal systems in Pardes

From IIWiki
Jump to: navigation, search

This article covers the legal systems used by the nations in Pardes. These include common law, civil law and religious law, as well as any combinations thereof. Legal systems vary from country to country and, in many instances, from one local jurisdiction to the next.

List of national legal systems in Pardes

     Civil Law
     Common Law
     Religious Law
     Mixed Legal System

Nation Legal system (National/Federal) Legal system (State/Local) Details
 Anikatia Mixed Civil and Common Law Varies Anikatian law consists of a mixed system combining the legacy of common law and civil law along with some native customs and socialist law influences. Initially based on civil law introduced by Sieuxerr, and the Ulthrannic Empire. The Kingdom of Belfras initially attempted to impose Belfrasian common Law, after its conquest of the entire continental landmass. However what emerged was a hybrid system that was an amalgam of common Law and civil law. In the 1980's socialist-style modifications were undertaken, which also attempted to incorporate elements of native customs. However this system was substantially reformed to remove large elements of socialist law after the 2001 collapse of the DSRA. The states follow a system based on Belfrasian common law traditions with some influences from socialist civil law and local customs, each state have independent legislative power in all matters not specifically assigned to the federal government. A system heavily influenced by Arthuristan common law is used in the special administrative of the Seulbyeni Islands. While the other two autonomous administrative territories, of Kyongueok (Nouvelle-Sieuxerr), and Jinju Jedo (Islas de Perla) follow the civil legal systems largely influenced by Sieuxerr civil law, and the Ulthrannic Empire civil law. But where there is any inconsistency between federal and state or autonomous administrative territory laws, the federal laws prevail.
 Arthurista Common Law N/A Arthurista has a common law system, with the main sources of law being Acts of Parliament and case law laid down by judges (Stare Decisis). Customary and feudal laws from the medieval period once constituted a prominent third source of law, especially in the realm of land and real property, although most of them have been replaced by statutes which modernised and codified Arthuristan land law in between the 1920s and the late-90s. Certain boroughs and counties on the south coast retain aspects of the Ulthrannic Civil Code, even if Ulthrannians no longer constitute the ethnic/religious majority in those areas.

Arthurista is notable for its lack of a written constitution - the so-called "Arthuristan Constitutional Order" is a hodge podge of statutes, case law, customs and conventions, with its earliest elements dating back to the mid-11th century, which have been recognised by lawyers and academics as collectively laying down the underlying framework of the Arthuristan polity. The most important of these is the "Bill of Liberties and Rights," first signed as the "Great Charter" by Lord Protector Johannes in 1256 and updated every century or so. It sets out a list of fundamental rights enjoyed by citizens and residents of Arthurista. Although parliament is sovereign and can legislate however it wishes, the Bill is customarily considered as an exception to the rule and regarded as 'inviolable' by judges and politicians alike.

 Belhavia Mixed Torahic Law and Common Law with some Civil Law innovations Mixed Torahic Law and Common Law with some Civil Law innovations Belhavian law is built on the doctrine of Torah Umadda - the synthesis of Jewish religious law (the Torah, Talmud, Oral Law, and Written Law) and secular law, including common law with some civil law innovations. The Imperial Constitution is the supreme law of the land, and incorporates all relevant Torahic law within it. The provinces and territories each maintain their own common law and constitutions, though these must be (and are) aligned with Imperial law. Thus, most Belhavian law (especially contract, tort, property, criminal, and family law) experienced by most citizens on a daily basis consists primarily of provincial/territorial law, which often differs somewhat (sometimes greatly) between the provinces.
 Eagleland Mixed Civil Law and Common Law with Eaglelander Orthodox Canon Law Mixed Civil Law and Common Law with Eaglelander Orthodox Canon Law The Eagleland's legal system is based on the Eagleland Constitution, which is the supreme law of the land and precede any laws passed. It may only be amended with a 2/3rd supermajority in parliament and an unanimous decision from the Court of Cassation, and that excludes the first thirty articles. Similar rules apply for state constitutions. The Eagleland's legal system, at the federal, state, and special prefecture levels is mainly statutory, i.e. passed acts of parliament. Under the Eagleland's civil code system, Civil Procedure is regulated by the Code of Civil Procedure (Greek: Κώδικας Πολιτικής Δικονομίας). The CCP, as it's commonly referred as, is based on the principle of concentration (there are no pre-trial hearings and all evidence must be presented in the first trial, but pleas are given in out-of-court sessions) and the power statutory law has on judges' decisions.

One should notice the dominating effect statutory law has on Eagleland Law, as such, but a smaller yet very often just as important part of Eagleland Law is case law laid down by judges (Stare Decisis), as it affects the way the Eagleland's legal system operates. For a case to become case law, it must be judged as "landmark" by the National Judicial Operators Committee, but even cases not judged as such in practice do influence decision making in courts, even though that requires the relevant parties to use said cases to prove their points. The Court of Cassation can also strike down Laws of Parliament that are deemed as unconstitutional, and state High Courts reserve that right for their relevant legislatures.

The third branch of Eagleland Law is the national faith, i.e. Orthodox Christianity. Eagleland Law reflects Eaglelander Orthodoxy and Eaglelander Moral Values in several aspects, and the constitution clearly defines the state's relationship with the Orthodox Church, however other legal religions are not affected and Eagleland Law is secular in several circumstances.

All influences are applied to both federal as well as state law.

Error creating thumbnail: File missing
Mixed common and civil law Mixed common and civil law
 Gratislavia Civil law Civil law Gratislavian law is codified in the Royal Legal Codex, a secular document written upon the principles of separation between public and private law. The Royal Legal Codex serves as the supreme law of the land in Gratislavia, and is used as the legal basis for all judiciary rulings in the Krepostist Tsardom of Gratislavia. The Oblasts and all Administrative Districts in the Tsardon adhere to the Royal Legal Codex, with no differentiation at the provincial level. Thus, Gratislavian law (both private and public) are interpreted in the same manner no matter where one might be in the entirety of the Tsardom.
Error creating thumbnail: File missing
Civil law N/A Historically, Prestonia maintained its own codes of traditional law built upon opinions of philosophical and moral scholars, Imperial decrees, and opinions of the courts; in the postwar era this code of law was substantially rewritten to assume a more democratic and liberal character. Modern Prestonian law is established under the 1949 Constitution and the Code of Basic Law, which provides the body of civil and statute law. Much of the current law is borrowed from Arthuristan, Emmerian and Belfrasian common law tradition, yet it is classified as civil law in Prestonia as it does not originate from any prior precedent which existed in Prestonia. Prefectural law, where established, may not contradict the statutes of the Basic Law or Constitution. The Prestonian judiciary has played an important role in interpreting the provisions of the Constitution to create several precedents which are generally held to be functionally equivalent to law, but has been less-active in doing so in matters of lower law; in any event, precedent is not held to be as binding as in common-law countries.
Error creating thumbnail: File missing
Religious law Religious law The Papal Republic is primarily based upon Canonical Law. In the Papal Republic, positive ecclesiastical laws, based upon either immutable divine and natural law, or changeable circumstantial and merely positive law, derive formal authority and promulgation from the pope, who as Supreme Pontiff possesses the totality of legislative, executive, and judicial power in his person. The actual subject material of the canons is not just doctrinal or moral in nature, but indeed all-encompassing of the human condition. All judges that exercise the law are seminary students, due to the codefied nature of Papal Law, interpretation is limited. All legal representatives must also be seminary students.