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Australia and France: Adversarial Versus Inquisitorial
Summary: A comparison of the Australian and French legal systems reveals many similarities and dissimilarities. The two systems are similar in terms of the process of law creation and the structure of the court system, but Australia's more adversarial system differs from France's more inquisitorial system with regard to the conduct of a court in general and the role of a judge or tribunal in particular.
Over the course of this paper I will contrast and compare the adversarial legal system of Australia with the inquisitorial system of France relevant to the areas of: origin, role and reason of law, law creation and conduct of courts specifically the role of judges.
First and foremost I think it is important to state that there is no `true' adversarial or inquisitorial system, they are merely conceptual ideal terms used to describe the trend of a legal system. For example Italy is mainly inquisitorial but has adopted adversarial features into its legal system.
Trends in legal systems can unusually be directly related to the countries history. France is an ancient civilisation that has experienced occupation and inquisition, and has been both a kingdom and republic in recent history. France has been a republic since 1804 when Napoleon was crowned `First Consul' in Paris. Napoleon caused the `Code Civile'...
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This section contains 798 words (approx. 3 pages at 300 words per page) |
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