Gjorgieva, Dijana and Gjorgjioska, Emilija (2023) GENERAL CHARACTERISTICS OF THE ANGLO-AMERICAN LEGAL SYSTEM WITH A SPECIAL FOCUS ON CIVIL PROCEDURE. INTERNATIONAL SCIENTIFIC JOURNAL “SUI GENERIS”, 2 (1). pp. 65-84.
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Abstract
The subject of analysis of this paper are the general
characteristics of the Anglo-American legal system. It is a
topic that is a basic point of comparative studies in civil law,
which is still expected to gain scientific popularity.
General characteristics of the Anglo-American legal
system analyzed at the macro level are: the non-codification
of civil procedural law, a precedent way of decision making, pronounced casuistry, application of the hearing
principle (principle of accusatoriality) and the passive role
of the court, pronounced participation of the lay element in
the trial, coordinated organization of the judiciary (and its control by the jury), non-judicial interpretation of the law (doctrine ultra vires), non-existence or weak existence of written sources of law, specificities of the legal profession and the appointment of judges and the characteristics of the civil court procedure.
The general characteristics of the Anglo-American legal system give a special stamp to civil law and civil
procedure west of the Atlantic.
| Item Type: | Article |
|---|---|
| Subjects: | Scientific Fields (Frascati) > Social Sciences > Law |
| Divisions: | Faculty of Economics |
| Depositing User: | Mr Dimitar Risteski |
| Date Deposited: | 10 Jul 2023 08:39 |
| Last Modified: | 10 Jul 2023 08:39 |
| URI: | https://eprints.uklo.edu.mk/id/eprint/8510 |
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