ABSTRACT

The law is an important means of policy-making. In an ever more complex environment the amount of legislation is growing, and therefore the role of those whose language is the law, the lawyers in general and the judges in particular, is increasing. In democracies, law is seen as reflecting the judgement of citizens about what are right and proper actions. In Europe, systems of civil law are distinguished from systems of common law. The civil law systems are quite diverse among themselves. Common law is associated with the principle of equity, which prevails in cases of conflict. Until the French Revolution a Roman law oriented system was in force in southern France, whereas in the northern part many different systems of customary laws with less Roman influence existed. Judicial review in general and constitutional review in particular is being used by parliamentary opposition and minority groups in order to by-pass the 'normal' processes of policy-making through government and parliament.