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английский) 3:
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In contrast to states Romano, german legal family, where the main source of law is the law, in the states " anglo-saxon " legal family the main source of law serves as a judicial precedent - a fault,formulated by the judges in their decisions. This means that, once formulated by a judicial decision becomes mandatory for all other judges.
The balance of law and judicial precedent in England lose. Apparently it was a simple one - the law may cancel precedent, as well as conflicts between the law and precedent priority is given to the first.But in doing so, it must be borne in mind a great role of judicial interpretation of the law, which is given to him in the previous judicial decisions, hereinafter referred to as "precedents interpretation".In England prefer to cite instead of text of law judicial decisions, in which it is applied.
In english саксонскую legal family includes, along with the United States and England Northern Ireland, Canada, Austria, New Zealand,As well as 36 States members of the Commonwealth.
"The Family common law", as well as the Rome law, has developed on the basis of the principle of "the right, where there is no protection". In spite of all attempts at codification,Supplement and improve the provisions of the "law of equity", it is the case law established by courts. However, this does not preclude increased role of statutory(legislative) law,Which is mandatory for all England.
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