Romano-Germanic legal system: structure and understanding of the rule of law

The Romano-German legal system is characterized by a number of features that apply to all its states. These features, of course, can not be wrought in each country to the same extent. This is due to the historical and cultural characteristics of each state: the reception of Roman institutions was carried out individually by each sovereign entity.

In particular, the assertion that the Romano-German legal system takes place in the Russian Federation is controversial. The reason for this is the Soviet past - a period when domestic legislation has undergone a number of significant transformations. The significance of legal reforms of that time, in the opinion of some Russian and foreign analysts, allows Russia to be classified as a very specific type - socialist legal systems. However, this statement is seriously criticized, to understand the essence and justice of which it is necessary to consider the structure of the continental branch.

The Romano-German legal system is characterized by the division of the right to private and public. The logic of this classification is that the relationship between state bodies and citizens differs from the interaction of individuals.

The Romano-German legal system is established in states where the term "rule of law" is understood in the same way. It is treated as a rule of behavior, which has the following characteristics:

• The universality. This characteristic should not be understood literally. The universality has natural limitations. So, for example, acts of regional authorities operate only within the subject, and the rights granted by the federal norm to an official can not be used by absolutely all citizens of the country.
• Constancy in time. The Romano-German legal system differs, for example, from the Anglo-Saxon family in that a particular norm is significant and applicable not only in a concrete case.
• The basis for codification. The norms of the continental system are not disjointed, they are combined and systematized in the respective acts. One of the goals of creating so-called codes is to simplify the search and understanding of the rules of behavior of ordinary citizens.
• The result of the initiative of lawmaking bodies. In the continental system, norms are created in a certain order by authorized officials. In the Anglo-Saxon family there is a case law (the decision made in the case can be used as a model for judges of the same level or lower instances in similar situations).

In addition, there is a unifying feature of the continental system, such as postulating the secondary nature of the norm in relation to principles. All these features are typical for Russia, despite the fact that the Soviet past imposed specific features on the institutions of this state. Legal systems and legal families have similar features in different countries, but recurring fundamental legal phenomena help to identify unity and classify.