Comparative Law Essay: Legal Systems and Judicial Process

Similarities and differences between legal systems of France, Germany, and the United States

There is no logic in talking about national legal systems as being part of legal families: Legal systems have often more in common with legal systems from other legal families than from their own. In addition, modern legal systems are moving closer and closer together.  

Discuss whether you agree with this statement in relation to the French, German and American legal systems.

In relation to the hierarchy of written norms, international law has greatly complicated what was originally a straight forward system of dealing with conflicts of national laws.

Compare and contrast the extent to which this statement applies to French, German and American law.

Separation of powers is an antiquated concept which is hardly ever properly reflected in modern legal systems.

Discuss and compare the legal systems of the USA, France and Germany with reference to this statement.

The role of the legislature, already limited by the Constitution of 1958, has further been reduced by various practices since the beginning of the fifth Republic.

In the light of the above statement, analyse the position of the legislature in France and compare it with that of the German and American legislatures.

The French, German and American constitutions have clearly defined the authority of the Conseil constitutionnel, the German Federal Constitutional Court and the American Supreme Court. Some critics argue, however, that these Courts have made a mockery of the rule of law by disregarding the constitution whenever it is deemed inconvenient by exceeding the scope of that authority at will.

To what extent do you agree with this statement? Compare and contrast the three jurisdictions in your analysis.

The question of how we protect the value of information in an age where it is instantly replicable, transmissible, and is almost infinitely scalable is the challenge lawyers face today’. A. Murray, Information Technology Law: The Law and Society (3rd ed., OUP 2016) 14

In the light of the above statement, compare how the right to privacy is protected in France, Germany and the USA.

Marriage worldwide is a hugely varied phenomenon. For example, there is no agreement over whether marriage is polygamous or monogamous; (…) whether marriage should be restricted to couples of the opposite sex; or at what age marriage is appropriate.’ J. Herring, Family Law (9th ed. Pearson 2019) 73

In the light of the above statement, compare how is the right to marry regulated in France, Germany and the USA.

The submitted essay has to be typed or word-processed, must be clear and presentable, in ARIAL font size 12 and one and a half line spaced. You must use footnotes and a bibliography 

The bibliography and footnotes do not count as part of the maximum word limit.

Submitting your work and receiving feedback

DEADLINE: This coursework should be submitted no later than 1.00 pm. Wednesday 1 April 2020. Submission should be made ELECTRONICALLY ONLY to the Turn-it in box, available on Canvas (in the folder ‘assignments’).

All materials consulted in writing your essay should be included in the bibliography.

Grade results and feedback will be available on Wednesday 29 April 2020.

· ability to selectively and critically use library and other information retrieval sources to research issues in comparative law in some depth;

· critical understanding of the rules and principles in comparative law;

· ability to apply the law critically;

· ability to write a coherent and a well argued, critical analysis of the relevant issues in good clear English;

· ability to apply, evaluate and critically analyse in depth rules and doctrines on a limited issue of your choice; 

· ability to carry out independent research and demonstrate analytical skills on particular issues.