Continental Law and Common Law: Historical Strangers or Companions?

Common Law and Continental Law: Two Legal Systems

This paper tries to analyze the main differences between common law and continental legal systems with regard to administrative law taking into account some aspects of basic constitutional law (The UK does not have a written Constitution). Although both legal systems are committed to the constitutionalism of the modernity, their diversities are much more fundamental, than one would imagine from...

Western Philosophies of Law: the Common Law

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...

The New African Law: Beyond the Difference Between Common Law and Civil Law

Common-Law Background of Nineteenth-Century Tort Law, The