The United States and Germany represent two of the world’s most influential legal systems, each with its own unique characteristics, historical backgrounds, and underlying philosophies. This comparative analysis aims to highlight key differences and similarities in their legal frameworks, focusing on sources of law, judicial structure, and constitutional principles.
Sources of Law
In both American and German legal systems, the sources of law play a pivotal role. The American legal system is primarily based on common law, amlaw.us which emphasizes the role of judicial precedents. Court decisions in the U.S. create binding authority for future cases, a principle known as stare decisis. Statutory law, enacted by legislative bodies at both federal and state levels, supplements common law. The U.S. Constitution serves as the supreme law of the land, setting forth the foundational legal framework and principles.