Zambia

Bemba 30.1% (official), Nyanja 10.7% (official), Tonga 10.6%

(official), Lozi 5.7% (official), Chewa 4.9%, Nsenga 3.4%, Tumbuka

2.5%, Lunda 2.2% (official), Kaonde 2% (official), Lala 2%, Luvale

1.7% (official), English 1.7% (official), other 22.5% (2000 Census)

Zimbabwe

English (official), Shona, Sindebele (the language of the

Ndebele, sometimes called Ndebele), numerous but minor tribal

dialects

======================================================================

@2100

Field Listing :: Legal system

This entry provides the description of a country's legal system; it

also includes information on acceptance of International Court of

Justice (ICJ) jurisdiction. The legal systems of nearly all

countries are generally modeled upon elements of five main types:

civil law (including French law, the Napoleonic Code, Roman law,

Roman-Dutch law, and Spanish law); common law (including United

State law); customary law; mixed or pluralistic law; and religious

law (including Islamic law). An additional type of legal system -

international law, which governs the conduct of independent nations

in their relationships with one another - is also addressed below.

The following list describes these legal systems, the countries or

world regions where these systems are enforced, and a brief

statement on the origins and major features of each.

Civil Law - The most widespread type of legal system in the world,

applied in various forms in approximately 150 countries. Also

referred to as European continental law, the civil law system is

derived mainly from the Roman Corpus Juris Civilus, (Body of Civil

Law), a collection of laws and legal interpretations compiled under

the East Roman (Byzantine) Emperor Justinian I between A.D. 528 and

565. The major feature of civil law systems is that the laws are

organized into systematic written codes. In civil law the sources

recognized as authoritative are principally legislation - especially

codifications in constitutions or statutes enacted by governments -

and secondarily, custom. The civil law systems in some countries are

based on more than one code.

Common Law - A type of legal system, often synonymous with "English

common law," which is the system of England and Wales in the UK, and

is also in force in approximately 80 countries formerly part of or

influenced by the former British Empire. English common law reflects

Biblical influences as well as remnants of law systems imposed by

early conquerors including the Romans, Anglo-Saxons, and Normans.

Some legal scholars attribute the formation of the English common

law system to King Henry II (r.1154-1189). Until the time of his

reign, laws customary among England's various manorial and

ecclesiastical (church) jurisdictions were administered locally.

Henry II established the king's court and designated that laws were

"common" to the entire English realm. The foundation of English

common law is "legal precedent" - referred to as stare decisis,

meaning "to stand by things decided." In the English common law

system, court judges are bound in their decisions in large part by

the rules and other doctrines developed - and supplemented over time

- by the judges of earlier English courts.

Customary Law - A type of legal system that serves as the basis of,

or has influenced, the present-day laws in approximately 40

countries - mostly in Africa, but some in the Pacific islands,

Europe, and the Near East. Customary law is also referred to as

"primitive law," "unwritten law," "indigenous law," and "folk law."

There is no single history of customary law such as that found in

Roman civil law, English common law, Islamic law, or the Napoleonic

Civil Code. The earliest systems of law in human society were

customary, and usually developed in small agrarian and

hunter-gatherer communities. As the term implies, customary law is

based upon the customs of a community. Common attributes of

customary legal systems are that they are seldom written down, they

embody an organized set of rules regulating social relations, and

they are agreed upon by members of the community. Although such law

systems include sanctions for law infractions, resolution tends to

be reconciliatory rather than punitive. A number of African states

practiced customary law many centuries prior to colonial influences.

Following colonization, such laws were written down and incorporated

to varying extents into the legal systems imposed by their colonial

powers.

European Union Law - A sub-discipline of international law known as

"supranational law" in which the rights of sovereign nations are

limited in relation to one another. Also referred to as the Law of

the European Union or Community Law, it is the unique and complex

legal system that operates in tandem with the laws of the 27 member

states of the European Union (EU). Similar to federal states, the EU

legal system ensures compliance from the member states because of

the Union's decentralized political nature. The European Court of

Justice (ECJ), established in 1952 by the Treaty of Paris, has been

largely responsible for the development of EU law. Fundamental

principles of European Union law include: subsidiarity - the notion

that issues be handled by the smallest, lowest, or least centralized

competent authority; proportionality - the EU may only act to the

extent needed to achieve its objectives; conferral - the EU is a

union of member states, and all its authorities are voluntarily

granted by its members; legal certainty - requires that legal rules

be clear and precise; and precautionary principle - a moral and

political principle stating that if an action or policy might cause

severe or irreversible harm to the public or to the environment, in

the absence of a scientific consensus that harm would not ensue, the

burden of proof falls on those who would advocate taking the action.

French Law - A type of civil law that is the legal system of France.

The French system also serves as the basis for, or is mixed with,

other legal systems in approximately 50 countries, notably in North

Africa, the Near East, and the French territories and dependencies.

French law is primarily codified or systematic written civil law.

Prior to the French Revolution (1789-1799), France had no single

national legal system. Laws in the northern areas of present-day

France were mostly local customs based on privileges and exemptions

granted by kings and feudal lords, while in the southern areas Roman

law predominated. The introduction of the Napoleonic Civil Code

during the reign of Napoleon I in the first decade of the 19th

century brought major reforms to the French legal system, many of

which remain part of France's current legal structure, though all

have been extensively amended or redrafted to address a modern

nation. French law distinguishes between "public law" and "private

law." Public law relates to government, the French Constitution,

public administration, and criminal law. Private law covers issues

between private citizens or corporations. The most recent changes to

the French legal system - introduced in the 1980s - were the

decentralization laws, which transferred authority from centrally

appointed government representatives to locally elected

representatives of the people.

International Law - The law of the international community, or the

body of customary rules and treaty rules accepted as legally binding

by states in their relations with each other. International law

differs from other legal systems in that it primarily concerns

sovereign political entities. There are three separate disciplines

of international law: public international law, which governs the

relationship between provinces and international entities and

includes treaty law, law of the sea, international criminal law, and

international humanitarian law; private international law, which

addresses legal jurisdiction; and supranational law - a legal

framework wherein countries are bound by regional agreements in

which the laws of the member countries are held inapplicable when in

conflict with supranational laws. At present the European Union is

the only entity under a supranational legal system. The term

"international law" was coined by Jeremy Bentham in 1780 in his

Principles of Morals and Legislation, though laws governing

relations between states have been recognized from very early times

(many centuries B.C.). Modern international law developed alongside

the emergence and growth of the European nation-states beginning in

the early 16th century. Other factors that influenced the

development of international law included the revival of legal

studies, the growth of international trade, and the practice of

exchanging emissaries and establishing legations. The sources of

International law are set out in Article 38-1 of the Statute of the

International Court of Justice within the UN Charter.

Islamic Law - The most widespread type of religious law, it is the

legal system enforced in over 30 countries, particularly in the Near

East, but also in Central and South Asia, Africa, and Indonesia. In

many countries Islamic law operates in tandem with a civil law

system. Islamic law is embodied in the sharia, an Arabic word

meaning "the right path." Sharia covers all aspects of public and

private life and organizes them into five categories: obligatory,

recommended, permitted, disliked, and forbidden. The primary sources

of sharia law are the Qur'an, believed by Muslims to be the word of

God revealed to the Prophet Muhammad by the angel Gabriel, and the

Sunnah, the teachings of the Prophet and his works. In addition to

these two primary sources, traditional Sunni Muslims recognize the

consensus of Muhammad's companions and Islamic jurists on certain

issues, called ijmas, and various forms of reasoning, including

analogy by legal scholars, referred to as qiyas. Shia Muslims reject

ijmas and qiyas as sources of sharia law.

Mixed Law - Also referred to as pluralistic law, mixed law consists

of elements of some or all of the other main types of legal systems

- civil, common, customary, and religious. The mixed legal systems

of a number of countries came about when colonial powers overlaid

their own legal systems upon colonized regions but retained elements

of the colonies' existing legal systems.

Napoleonic Civil Code - A type of civil law, referred to as the

Civil Code or Code Civil des Francais, forms part of the legal

system of France, and underpins the legal systems of Bolivia, Egypt,

Lebanon, Poland, and the US state of Louisiana. The Civil Code was

established under Napoleon I, enacted in 1804, and officially

designated the Code Napoleon in 1807. This legal system combined the

Teutonic civil law tradition of the northern provinces of France

with the Roman law tradition of the southern and eastern regions of

the country. The Civil Code bears similarities in its arrangement to

the Roman Body of Civil Law (see Civil Law above). As enacted in

1804, the Code addressed personal status, property, and the

acquisition of property. Codes added over the following six years

included civil procedures, commercial law, criminal law and

procedures, and a penal code.

Religious Law - A legal system which stems from the sacred texts of

religious traditions and in most cases professes to cover all

aspects of life as a seamless part of devotional obligations to a

transcendent, imminent, or deep philosophical reality. Implied as

the basis of religious law is the concept of unalterability, because

the word of God cannot be amended or legislated against by judges or

governments. However, a detailed legal system generally requires

human elaboration. The main types of religious law are sharia in

Islam, halakha in Judaism, and canon law in some Christian groups.

Sharia is the most widespread religious legal system (see Islamic

Law), and is the sole system of law for countries including Iran,

the Maldives, and Saudi Arabia. No country is fully governed by

halakha, but Jewish people may decide to settle disputes through

Jewish courts and be bound by their rulings. Canon law is not a

divine law as such because it is not found in revelation. It is

viewed instead as human law inspired by the word of God and applying

the demands of that revelation to the actual situation of the

church. Canon law regulates the internal ordering of the Roman

Catholic Church, the Eastern Orthodox Church, and the Anglican

Communion.

Roman Law - A type of civil law developed in ancient Rome and

practiced from the time of the city's founding (traditionally 753

B.C.) until the fall of the Western Empire in the 5th century A.D.

Roman law remained the legal system of the Byzantine (Eastern

Empire) until the fall of Constantinople in 1453. Preserved

fragments of the first legal text, known as the Law of the Twelve

Tables, dating from the 5th century B.C., contained specific

provisions designed to change the prevailing customary law. Early

Roman law was drawn from custom and statutes; later, during the time

of the empire, emperors asserted their authority as the ultimate

source of law. The basis for Roman laws was the idea that the exact

form - not the intention - of words or of actions produced legal

consequences. It was only in the late 6th century A.D. that a

comprehensive Roman code of laws was published (see Civil Law

above). Roman law served as the basis of law systems developed in a

number of continental European countries.

Roman-Dutch Law - A type of civil law based on Roman law as applied

in the Netherlands. Roman-Dutch law serves as the basis for legal

systems in seven African countries, as well as Guyana, Indonesia,

and Sri Lanka. This law system, which originated in the province of

Holland and expanded throughout the Netherlands (to be replaced by

the French Civil Code in 1809), was instituted in a number of

sub-Saharan African countries during the Dutch colonial period. The

Dutch jurist/philosopher Hugo Grotius was the first to attempt to

reduce Roman-Dutch civil law into a system in his Jurisprudence of

Holland (written 1619-20, commentary published 1621). The Dutch

historian/lawyer Simon van Leeuwen coined the term "Roman-Dutch law"

in 1652.

Spanish Law - A type of civil law, often referred to as the Spanish

Civil Code, it is the present legal system of Spain and is the basis

of legal systems in 12 countries mostly in Central and South

America, but also in southwestern Europe, northern and western

Africa, and southeastern Asia. The Spanish Civil Code reflects a

complex mixture of customary, Roman, Napoleonic, local, and modern

codified law. The laws of the Visigoth invaders of Spain in the 5th

to 7th centuries had the earliest major influence on Spanish legal

system development. The Christian Reconquest of Spain in the 11th

through 15th centuries witnessed the development of customary law,

which combined canon (religious) and Roman law. During several

centuries of Hapsburg and Bourbon rule, systematic recompilations of

the existing national legal system were attempted, but these often

conflicted with local and regional customary civil laws. Legal

system development for most of the 19th century concentrated on

formulating a national civil law system, which was finally enacted

in 1889 as the Spanish Civil Code. Several sections of the code have

been revised, the most recent of which are the penal code in 1989

and the judiciary code in 2001. The Spanish Civil Code separates

public and private law. Public law includes constitutional law,

administrative law, criminal law, process law, financial and tax

law, and international public law. Private law includes civil law,

commercial law, labor law, and international private law.

United States Law - A type of common law, which is the basis of the

legal system of the United States and that of its island possessions

in the Caribbean and the Pacific. This legal system has several

layers, more possibly than in most other countries, and is due in

part to the division between federal and state law. The United

States was founded not as one nation but as a union of 13 colonies,

each claiming independence from the British Crown. The US

Constitution, implemented in 1789, began shifting power away from

the states and toward the federal government, though the states

today retain substantial legal authority. US law draws its authority

from four sources: constitutional law, statutory law, administrative

regulations, and case law. Constitutional law is based on the US

Constitution and serves as the supreme federal law. Taken together

with those of the state constitutions, these documents outline the

general structure of the federal and state governments and provide

the rules and limits of power. US statutory law is legislation

enacted by the US Congress and is codified in the United States

Code. The 50 state legislatures have similar authority to enact

state statutes. Administrative law is the authority delegated to

federal and state executive agencies. Case law, also referred to as

common law, covers areas where constitutional or statutory law is

lacking. Case law is a collection of judicial decisions, customs,

and general principles that began in England centuries ago, that

were adopted in America at the time of the Revolution, and that

continue to develop today.

Country

Legal system

Afghanistan

based on mixed civil and sharia law; has not accepted

compulsory ICJ jurisdiction

Akrotiri

the Sovereign Base Area Administration has its own court

system to deal with civil and criminal matters; laws applicable to

the Cypriot population are, as far as possible, the same as the laws

of the Republic of Cyprus

Albania

has a civil law system; has not accepted compulsory ICJ

jurisdiction; has accepted jurisdiction of the International

Criminal Court for its citizens

Algeria

socialist, based on French and Islamic law; judicial review

of legislative acts in ad hoc Constitutional Council composed of

various public officials including several Supreme Court justices;

has not accepted compulsory ICJ jurisdiction

American Samoa

NA

Andorra

based on French and Spanish civil codes; no judicial review

of legislative acts; has not accepted compulsory ICJ jurisdiction

Angola

based on Portuguese civil law system and customary law;

modified to accommodate political pluralism and increased use of

free markets; has not accepted compulsory ICJ jurisdiction

Anguilla

based on English common law

Antarctica

Antarctica is administered through annual meetings -

known as Antarctic Treaty Consultative Meetings - which include

consultative member nations, non-consultative member nations,

observer organizations, and expert organizations; decisions from

these meetings are carried out by these member nations (with respect

to their own nationals and operations) in accordance with their own

national laws; more generally, access to the Antarctic Treaty area,

that is to all areas between 60 and 90 degrees south latitude, is

subject to a number of relevant legal instruments and authorization

procedures adopted by the states party to the Antarctic Treaty; note

- US law, including certain criminal offenses by or against US

nationals, such as murder, may apply extraterritorially; some US

laws directly apply to Antarctica; for example, the Antarctic

Conservation Act, 16 U.S.C. section 2401 et seq., provides civil and

criminal penalties for the following activities unless authorized by

regulation of statute: the taking of native mammals or birds; the

introduction of nonindigenous plants and animals; entry into

specially protected areas; the discharge or disposal of pollutants;

and the importation into the US of certain items from Antarctica;

violation of the Antarctic Conservation Act carries penalties of up

to $10,000 in fines and one year in prison; the National Science

Foundation and Department of Justice share enforcement

responsibilities; Public Law 95-541, the US Antarctic Conservation

Act of 1978, as amended in 1996, requires expeditions from the US to

Antarctica to notify, in advance, the Office of Oceans, Room 5805,

Department of State, Washington, DC 20520, which reports such plans

to other nations as required by the Antarctic Treaty; for more

information, contact Permit Office, Office of Polar Programs,

National Science Foundation, Arlington, Virginia 22230; telephone:

(703) 292-8030, or visit its website at www.nsf.gov

Antigua and Barbuda

based on English common law

Argentina

mixture of US and West European legal systems; has not

accepted compulsory ICJ jurisdiction

Armenia

based on civil law system; has not accepted compulsory ICJ

jurisdiction

Aruba

based on Dutch civil law system with some English common law

influence

Ashmore and Cartier Islands

the laws of the Commonwealth of

Australia and the laws of the Northern Territory of Australia where

applicable apply

Australia

based on English common law; accepts compulsory ICJ

jurisdiction with reservations; accepts International Criminal Court

jurisdiction with conditions

Austria

civil law system with Roman law origin; judicial review of

legislative acts by the Constitutional Court; separate

administrative and civil/penal supreme courts; accepts compulsory

ICJ jurisdiction

Azerbaijan

based on civil law system; has not accepted compulsory

ICJ jurisdiction

Bahamas, The

based on English common law; has not accepted

compulsory ICJ jurisdiction

Bahrain

based on Islamic law and English common law; has not

accepted compulsory ICJ jurisdiction

Bangladesh

based on English common law; has not accepted compulsory

ICJ jurisdiction

Barbados

English common law; no judicial review of legislative acts;

accepts compulsory ICJ jurisdiction with reservations

Belarus

based on civil law system; has not accepted compulsory ICJ

jurisdiction

Belgium

based on civil law system influenced by English

constitutional theory; judicial review of legislative acts; accepts

compulsory ICJ jurisdiction with reservations

Belize

English law; has not accepted compulsory ICJ jurisdiction

Benin

based on French civil law and customary law; has not accepted

compulsory ICJ jurisdiction

Bermuda

English law

Bhutan

based on Indian law and English common law; has not accepted

compulsory ICJ jurisdiction

Bolivia

based on Spanish law and Napoleonic Code; has not accepted

compulsory ICJ jurisdiction; the 2009 Constitution incorporates

indigenous community justice into Bolivia's judicial system

Bosnia and Herzegovina

based on civil law system; has not accepted

compulsory ICJ jurisdiction

Botswana

based on Roman-Dutch law and local customary law; judicial

review limited to matters of interpretation; accepts compulsory ICJ

jurisdiction with reservations

Bouvet Island

the laws of Norway where applicable apply

Brazil

based on Roman codes; has not accepted compulsory ICJ

jurisdiction

British Indian Ocean Territory

the laws of the UK where applicable

apply

British Virgin Islands

English law

Brunei

based on English common law; for Muslims, Islamic sharia law

supersedes civil law concerning Muslim marriages and inheritance;

has not accepted compulsory ICJ jurisdiction

Bulgaria

civil and criminal law based on Roman law; accepts

compulsory ICJ jurisdiction with reservations

Burkina Faso

based on French civil law system and customary law; has

not accepted compulsory ICJ jurisdiction

Burma

based on English common law; has not accepted compulsory ICJ

jurisdiction

Burundi

based on German and Belgian civil codes and customary law;

has not accepted compulsory ICJ jurisdiction

Cambodia

primarily a civil law mixture of French-influenced codes

from the United Nations Transitional Authority in Cambodia (UNTAC)

period, royal decrees, and acts of the legislature with influences

of customary law and remnants of communist legal theory; increasing

influence of common law; accepts compulsory ICJ jurisdiction with

reservations

The 2010 CIA World Factbook · 第 310 / 461 段