What are the main differences between the common law system and the civil law system? Assess the effectiveness of ONE non-legal measure in the promotion of human rights - HSC - SSCE Legal Studies - Question 16 - 2010 - Paper 1

The common law system and the civil law system differ fundamentally in several aspects:

1. Sources of Law:

   • Common law systems largely rely on judicial decisions and precedents set by court rulings, known as case law. This allows the law to adapt gradually over time.
   • Civil law systems, on the other hand, are primarily based on written statutes and codes, which are designed to be comprehensive and systematic, providing clear guidelines.

2. Role of Judges:

   • In common law systems, judges play an active role in shaping the law through their rulings. They interpret the law and create binding precedents that must be followed in future cases.
   • In civil law systems, judges have a more constrained role, primarily applying existing statutes to cases and interpreting the law without setting precedents.

3. Legal Procedures:

   • Common law procedures tend to be adversarial, where two opposing parties present their cases before an impartial judge or jury.
   • Civil law procedures are typically inquisitorial, where the judge takes an active role in investigating the case, asking questions, and determining the facts.

4. Flexibility vs. Certainty:

   • The common law system’s reliance on case law allows for flexibility and the ability to adapt legal principles based on societal changes.
   • Civil law systems emphasize legal certainty and foreseeability, focusing on the application of established codes and statutes.