Constitutions & Legal Systems of the World

Common Law Systems

Judge-made law and precedent

Common law systems, originating in England, rely heavily on judicial precedent (stare decisis) and adversarial procedure. They include the UK, the US (except Louisiana's private law), India, Australia, Canada (except Quebec's private law), Singapore and much of the Commonwealth.

• India follows the common law tradition.

Civil Law Systems

Codes first

Civil law systems, derived from Roman law and the Napoleonic and German codes, rely on comprehensive written codes, with judges applying the code and scholars (doctrine) carrying great weight. Trials tend to be inquisitorial, with the judge directing the investigation. Most of continental Europe, Latin America, Japan, China and many other states follow this tradition.

Islamic Law Systems

The sharia

Some countries, such as Saudi Arabia and Iran, base much of their law on the sharia, while many Muslim-majority countries combine civil or common law with Islamic personal law. In India, Muslim personal law applies to Muslims in matters of marriage, divorce and inheritance under the Shariat Act 1937.

Mixed Legal Systems

Two traditions in one

Some jurisdictions combine traditions: Scotland, South Africa and Sri Lanka mix civil law (Roman-Dutch law in South Africa and Sri Lanka) with common law; Louisiana and Quebec have civil law private law within common law countries; and India combines common law with religious personal laws and customary law.

• South Africa and Sri Lanka: Roman-Dutch law.

Customary Law

Law from long usage

Customary law arises from long-established practices accepted as binding. In India, custom is a recognised source of Hindu law, and customary laws of tribal communities are protected in the North-East under the Sixth Schedule and Articles 371A and 371G.