Civil Law Tradition Essay

The Civil Law/Romano-German Tradition Civil law tradition was developed in Continental Europe in the Middle Ages. This tradition was applied throughout continental Europe and the colonies of European Powers such as Spain France and Portugal . The Civil law or the Romano German Tradition is codified . This means that there is a comprehensive and exhaustive list of codes ad regulations which prescribes all matters which can be brought before a court of law. Codes are categorized in three distinct divisions. There are substantive Codes which outline civil and criminal matters which can be tried. There are also Procedural codes which dictates the procedure for trying these offences and Penal Codes which outline the relevant punishments . The

In the United states of America, the principle of legality has been mainly two fold. It incorporates the rule against retroactivity or the ex post facto rule as well as the rule against vague or unclear laws. The rule against retroactivity applies to all laws within the United States of America. However, it is often treated as if it is a rule which is exclusive to criminal law to the exclusion of the civil

While the rule against vagueness is to be treated as a Fifth Amendment requirement of due process meaning that it should be applicable to all criminal laws, it is often times treated as a First Amendment which relates particularly to interference with protected speech. It seems in the US that courts are willing to maintain clearly vague statues as long as congress intended for them to be vague. Popular examples of these vague laws which have been upheld include the Racketeer Influenced and Corrupt Organization Act . The view is often taken that vague provision may strengthen and quickens a state war against crime. American cases such as Papachristou v City of Jacksonvile shows that a court may strike down a criminal law statute because it extends beyond a states prescribed