Comparative Analysis of Various Judicial Systems across the World and Their Effectiveness
DOI:
https://doi.org/10.70540/ijlss.2022(I-II).02Keywords:
Rule, Law, Systems, Judiciary, Romano-Germanic, Common Law, Socialist law, Civil, Stare, Decisis, Inquisitorial, AdversarialAbstract
The judicial system differs from state to state and sometimes within a state. They have been developed in different ways yet they might bear compliance with certain widely accepted historical norms of justice constituting the major judicial systems in the world. Hence, they resultantly fall within groups having distinct features e.g., the judicial system of the United Kingdom (UK), the United States (US) and commonwealth nations fall within the family of Common law while most of the European states, including France, Germany, and some North, Central, and South American countries like Mexico and Brazil, are influenced by the civil law family. Yet another set of the judicial system of countries including Russia, China, Cuba etc, is inspired by the family of socialist laws. This paper aims at a comparative analysis of major legal and judicial systems across the world by offering a paradigm for comparative analysis based on epistemological arguments with a special focus on China, Pakistan, the USA, Russia and France. A section of the paper is dedicated to the concept of famille juridique (Legal Family) maintained by the states across the world by adhering to certain models of legal and judicial systems despite the diversification of laws witnessed across the Globe. An attempt to answer the question, as to whether adherence to a particular predecessor judicial system influences the effectiveness and efficiency of the rule of law in certain jurisdictions, has also been made.