martedì 28 ottobre 2008

ITALIAN LEGAL SYSTEM
(max 2 sentences)

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Italian legal system is a civil law system that means that the central point is the written law.
The jurisdiction system is articulated in 3 degrees, and a constitutional court that checks the compatibility of ordinary law and the constitution.
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CIVIL LAW SYSTEM
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POSITIVE ASPECTS:
- Certainty
- Legislator elected by people, people make the law
- Overseen and checked by the constitutional court
NEGATIVE ASPECTS:
- No flexibility
- Slow to adapt to new problem
- Difficult and slow access
- No qualified legislative technique
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COMMON LAW SYSTEM
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POSITIVE ASPECTS:
- Attention to the single case
- More flexibility
- equality
- Fast access
NEGATIVE ASPECTS:
- Less certainty
- Abuse of power by judge
- No direct connection to the people.

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