LL5304 – International and Comparative Law

Comparative Law Coursework Summer Resit

Word Limit: 2000 words

ANSWER ONLY ONE OF THE FOLLOWING QUESTIONS:

1/ With all the modern legal systems moving closer and closer together, it is ludicrous to claim that the French, German and American legal systems should be classified into different legal families. There are simply too many commonalities and too few differences between them.

Critically assess the above statement.

2/ Acts of Parliament shall be compatible with international treaties and the latter prevail over the former.

Analyse and compare how this statement applies to French, German and American law.

3/ There is no doubt that in the USA, Germany and France, the power of the executive is being equitably and fairly counterbalanced by the power of the legislature in the constitution and in practice.

Compare and contrast the extent to which this statement applies to French, German and American Law.

4/ The French, German and American constitutions have clearly defined the authority of the Conseil constitutionnel, the German Federal Constitutional Court and the American Supreme Court. These Courts have always remained within the scope of that authority and respected the separation of powers.

To what extent extent do you agree with this statement? Compare and contrast the three jurisdictions in your analysis.

5/ ‘Every person shall have the right freely to express and disseminate his opinions in speech, writing and pictures’. (A. Chilton & M. Versteeg, How Constitutional Rights Matter, 131)

In the light of the above statement, compare how the freedom of expression is regulated in France, Germany and the USA.
6/ ‘There is no single correct definition of ‘family life’ but the law needs to be clear that it is seeking to define the legal understanding of this term’. (J. Herring, Family Law, 5)
In the light of the above statement, compare how family life is regulated in France, Germany and the USA.