The Anglo-Saxon legal system is a collection of legal rules that are characteristic of the United States, Great Britain and other territories that were once united into the British Empire. The history and features of this system make it possible to understand its impact on the development of these countries.
History
The former colonies of the British Empire adopted uniform legal norms, which merged into the Anglo-Saxon legal system. Today, almost a third of the world's population lives according to the principles that were formulated in English law. This legal structure dates back to the Middle Ages, during the Norman conquest of England. At that time, the laws were created by kings and other persons belonging to the royal dynasty. The courts held in the capital of the conquered country had royal status, the old order was replaced by the Normans. That is why the decisions that were made in these courts had legal force that no one could challenge.
Thus, when considering any case, the judges of the king made decisions, in the adoption of which they were guided by their own rules. They often used customs that did not have a legal part. The decisions reached other judges, who had to follow the same rules. This is where the precedent originates - a mandatory model for other similar cases, which helps to solve many cases.
After the decline of the feudal economic system occurred, and the bourgeoisie and cities began to grow rapidly, another type of law entered history. Its essence is that the king's chancellor resolved disputes that were previously resolved only by the monarch. This legislative power came to be called the right of equity.
Peculiarities
The peculiarity of the Anglo-Saxon legal system lies in the fact that legislative norms consist of many precedents. In addition, to this day, the basis of the legal system of the UK society is legislation, which is developed on the basis of court decisions. This distinguishes it from civil law, since the rules are elastic and not so monolithic.
It should be noted that the English legal system has never known the multivolume codes that are so characteristic of the rest of Europe. All courts available in the country are united by one jurisdiction, therefore one and the same court has the right to consider cases from criminal, administrative, civil law and so on. The hierarchy of such a legislative structure takes place only between precedents, the binding of which depends only on the level of the court that approves it. Decisions made by the High Court, the Court of Appeal, and the House of Lords have supreme binding force.
