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Difference Between Common Law and Civil Law Civil law

Common law

1. It is a roman law. 2. State is full of soverign and it is a source of law and justice and rights. 3. In the civil law system the only source of law is the legislature and the courts only apply the law. 4. Civil law police has huge powers and they follow the inquisitorial justice delivery system. 5. In the civil law system the only source of law is the legislature and the courts only apply the law. 6. Separation of Powers:By contrast, the original idea of separation of powers in France was to assign different roles to legislation and to judges, with the latter only applying the law (the judge as la bouche de la loi). 7. Legal opinions in civil law countries are usually very short and formal in nature. Judicial Dissent are not allowed in Civil Law countries. 8. Civil law judges are usually trained and promoted separately from attorneys.

1. It is a English law. 2. State has limited soverign and government was supported as demonator. 3. The source of law is the reason and wisdom of the court precident . they follow the principle of stare decice. 4. Common law follow the adversarial mode of justice delivery system which provided the limited and regulated role of the police 5. In common law the Rule of law has a meaning which is pre-constitutional and the due process and principles of natural justice has important role to play. 6. Separation of Powers In some common law countries, especially the United States, judges are seen as balancing the power of the other branches of government. 7. Common law opinions are much longer and contain elaborate reasoning. (Note-1). Tradition of writing seriatim and Dissenting Opinion. 8. Common law judges are usually selected from accomplished and reputable attorneys. (Note2)

Principles of civil law: 1. Source of Law Primary Sources :-

Constitution

Code Laws

Customs

General Principles