The Netherlands uses civil law. Its laws are written and the application of customary law is exceptional. The role of case law is small in theory, although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Dutch system of law is based on the French Civil Code with influences from Roman Law and traditional Dutch customary law. The new civil law books (which went into force in 1992) were heavily influenced by the German Bürgerliches Gesetzbuch.
The primary law-making body is formed by the Dutch parliament in cooperation with the government. When operating jointly to create laws they are commonly referred to as the legislature (Dutch: wetgever). The power to make new laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments. (e.g. a province or municipality)
The Ministry of Security and Justice is the main institution when it comes to Dutch law.
The domain of Dutch law is commonly divided in the following areas:
Civil law is the domain of law that regulates the everyday life of persons and other legal entities (such as corporations). The main code of Dutch civil law is the Burgerlijk Wetboek.
Criminal law deals with the prosecution and punishment of criminal offenses. The main code is the Wetboek van Strafrecht (nl)stafrecht Nl .
Constitutional law involves itself with the constitution and the structure of the Netherlands. It involves the powers of democratic institutions, the organisation of elections and the divisions of powers between central and local governments. See also the article on the Constitution of the Netherlands. Following the practice of many civil law jurisdictions and in contrast to practice in nations such as the United States, the practice of Dutch constitutional law is that judges are not allowed to determine the constitutionality of laws created by the legislature (the government and parliament acting jointly).
Administrative law is the area of law that regulates the operation of the various levels of government and the way persons and legal entities can appeal decisions of the government. The basics of Dutch administrative law were overhauled completely in 1994 with the advent of the new Basic Administrative Law (Dutch: Algemene Wet Bestuursrecht)....
European law deals with the influence of laws and regulations of the European Union in the laws of the Netherlands.
A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity, and commonly determine how that entity is to be governed.
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
The Constitution for the Kingdom of the Netherlands is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. It is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy; it is the third oldest constitution still in use worldwide.
The Canadian legal system has its foundation in the English common law system, inherited from being a former colony of the United Kingdom and later a Commonwealth Realm member of the Commonwealth of Nations. The legal system is bi-jurisdictional, as the responsibilities of public and private law are separated and exercised exclusively by Parliament and the provinces respectively. Quebec, however, still retains a civil system for issues of private law.
A by-law is a rule or law established by an organization or community to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business corporation, a neighborhood association, or depending on the jurisdiction, a municipality.
The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
The Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional Law (Bundes-Verfassungsgesetz), which includes the most important federal constitutional provisions.
The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended fifteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947. The Constituent Assembly was elected by universal suffrage on 2 June 1946, on the same day as the referendum on the abolition of the monarchy was held. The election was held in all Italian provinces. The Constitution was drafted in 1946 and came into force on 1 January 1948, one century after the Constitution of the Kingdom of Italy, the Statuto Albertino, had been enacted.
The law of Australia comprises many levels of codified and uncodified forms of law. These include the Australian Constitution, legislation enacted by the Federal Parliament and the parliaments of the states and territories of Australia, regulations promulgated by the Executive, and the common law of Australia arising from the decisions of judges.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were, however, obliged after several court rulings to register any marriage registered in the Kingdom, but they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. As marriage in the European territory of the Netherlands, as well as in Bonaire, Sint Eustatius and Saba is open to any two people, marriages performed there have to be registered in the islands.
In academic terms, French law can be divided into two main categories: private law and public law. This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law.
The law of Germany, that being the modern German legal system, is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code were developed prior to the 1949 constitution. It is composed of public law, which regulates the relations between a citizen/person and the state or two bodies of the state and the private law (Privatrecht) which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code.
Sources of law are the origins of laws, the binding rules that enable any state to govern its territory.
The legal system of Azerbaijan is based on civil law. As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law. However, after the collapse of the Soviet Union, Azerbaijan became independent by enactment of the constitutional act of national independence on October 18, 1991. Azerbaijan started reformation of the legal system by the establishing of democratic reforms. This was followed by the adoption of the first Constitution in 1995 which is the foundation of the legislative system of the modern country. The Constitution creates the system of presidential republic with a separation of powers among the Legislative, Executive and Judicial branches of the government in order to prevent abuse of power.
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in international waters. It is also applicable to the Spanish armed forces worldwide. Spanish law stems from the Spanish people through democratically elected institutions. Equally, part of the legislation comes from the supranational institutions of the European Union, which also enjoy democratic legitimacy.
The legal system of Ukraine is based on the framework of civil law, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law, and traditional Ukrainian customary law. The new civil law books were heavily influenced by the German Bürgerliches Gesetzbuch.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.
The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of national sovereignty as defined by the Declaration of 1789."
Czech law, often referred to as the legal order of the Czech Republic, is the system of legal rules in force in the Czech Republic, and in the international community it is a member of. Czech legal system belongs to the Germanic branch of continental legal culture. Major areas of public and private law are divided into branches, among them civil, criminal, administrative, procedural and labour law, and systematically codified.
Scandinavian law, also known as Nordic law, is the law of the five Nordic countries, namely Denmark, Finland, Iceland, Norway and Sweden. It is generally regarded as a subgroup of civil law or as an individual legal body in itself. Prior to the 19th century, the European countries were independent in their administering and legality. However, in 1872, the Nordic countries organised legislative cooperation. Especially in areas of contracts and commerce, as well as those concerned with family, nationality and extradition, the five states have obtained uniform legislation.