The Anglo-Saxon system is a legal system based on jurisprudence, namely the decisions of previous judges which later became the basis of subsequent judges’ rulings. This legal system is applied in Ireland, England, Australia, New Zealand, South Africa, Canada (except the Province of Quebec) and the United States (although the state of Louisiana uses this legal system in conjunction with the Napoleon Continental European legal system). In addition to these countries, several other countries also apply a mixed Anglo-Saxon legal system, for example Pakistan, India and Nigeria that apply most of the Anglo-Saxon legal system, but also impose customary law and religious law.
The legal system of anglo saxon, in fact its application is easier especially for the people of developing countries because it is in accordance with the development of the era. The opinions of the experts and law practitioners are more prominently used by judges, in deciding cases.
The Continental European legal system is a legal system with features of systematic codified (systematically codified) rules that will be interpreted further by judges in their application. Nearly 60% of the world’s population lives in a country that embraces this legal system.
- A state system of government based on popular sovereignty
- That the government in performing its duties and obligations must be based on laws or regulations
- Guarantees of human rights (citizens).
- The sharing of power within the state.
- The supervision of judicial bodies (rechterlijke controle) which is free and independent, in the sense that the judiciary is completely impartial and is not under the influence of the executive.
- There is a clear role of community members or citizens to participate in overseeing the actions and implementation of government policies
- The existence of an economic system that can guarantee an equitable distribution of resources necessary for the well-being of citizens.
Elements of this legal state are usually contained in the constitution. Therefore, the existence of the constitution in a state law is a must. According to Sri Soemantri, no country in the world has no constitution or constitution. The state and the constitution are two institutions that can not be separated from one another.