Reference no: EM132389250

Option 1

Some jurisprudence commentators suggest that the common law and civil law traditions are converging, especially in the 21st Century.

Discuss what features, substantive and procedural, of a civil code legal system you consider might be worth incorporating into a common law system for its improvement. Explain and justify your position.

If you consider that there is nothing worth incorporating, still explain and justify your position.

OR

Option 2

The fundamental principle of the rule of law is that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. Hence every citizen is subject to the law, including law makers themselves.

However, in an Address in July 2018 to mark the 100th anniversary of the birth of former South African President Nelson Mandela, former US President Barak Obama asserted that:

"Strongman politics are ascendant suddenly, whereby elections and some pretence of democracy are maintained - the form of it - but those in power seek to undermine every institution or norm that gives democracy meaning."

The principle of the rule of law, long enshrined in both common law and civil law systems, has been sorely tested in recent years in nationalgeopolitics.

Do you agree? Discuss

Option 3

Consider the principle of the separation of powers and the extent to which it applies or doesn't apply in any three of the legal systems presented in the second half of this unit.

Across your selected legal systems, discuss and suggest in which systems you consider it is most effective and least effective.