02.A Glossary of legal terms

02 Legal Systems of the World

  • Bicameral system: A parliament with two chambers; in federal systems one represents the people, the other the member states.
  • Checks and balances: The mutual control of legislature, executive and judiciary, typical of the presidential system.
  • Civil law: Legal system based on codified law; courts apply the codes (also called statute law system).
  • Codification: The systematic collection of the law in codes.
  • Common law: Legal system in which the law develops largely through court decisions (also called case law system).
  • Customary law: Unwritten law that has developed through long practice and is accepted as binding.
  • Direct democracy: Citizens decide on laws and constitutional amendments themselves, by referendum and initiative.
  • Directive: EU act that sets a result which the member states must transpose into national law (harmonisation).
  • Federal state: A state whose member states (cantons, states) have their own constitutions, parliaments, governments and courts.
  • Judicial review: The power of courts to refuse to apply a law that violates the constitution.
  • Mixed legal system: A country in which two or more legal systems apply side by side.
  • Muslim law: Legal system derived from the religious sources of Islam (Sharia).
  • Precedent: An earlier court decision that binds later courts in similar cases (stare decisis).
  • Primary law: The founding treaties of the EU.
  • Regulation: EU act that applies directly in every member state (unification).
  • Secondary law: EU law adopted by the institutions on the basis of the treaties: regulations, directives, decisions.
  • Supranational organisation: An organisation to which states have transferred part of their sovereignty, so that it can make law binding on them and their citizens; the EU.

02 Legal Systems of the World