The key source of law in civil law countries are enacted law or laws passed by the parliamentary legislation.
The key source of law in civil law countries are enacted law or laws passed by the parliamentary legislation. Common law nations also pass legislative laws that are used as a primary source of law. Customs and general principles of the law are also broad sources that both common law and civil law countries use in cooperation in the decision-making process alongside other sources of law. In both types of legal systems, the formation of laws are regulated by the respective constitutions or constitutional principles. Common law countries do not rely as heavily on scholarly resources or collaborate as extensively with academics of law as civil law countries do, but the opinion of legal authorities is taken into consideration. Judge made law is not unheard of in civil law countries, it is however disguised mostly as interpretation. Stare decisis may be a term that common law countries use to describe precedent; civil law countries refer to a similar practice as maintaining consistency or the “creative function” in the judiciary. Although very different, both systems rely on primary and secondary sources of law that consist of government made laws, customs, traditions, treaties, and constitutions. As these legal systems evolve, they are becoming more and more similar.
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