Juridisk Institut

Nordic Legal System: Roots, Strength,Trends

Publikation: Bidrag til tidsskrift/Konferencebidrag i tidsskrift /Bidrag til avisTidsskriftartikelFormidling

DOI

  • Ole Hasselbalch
In this article different aspects of rooting, strengthening and trends of the Nordic Legal System (Nordic Law) are discussed. The
Nordic Law is considered to be a sum of the legal systems of the countries, which are situated on the Scandinavian Peninsula. Apart
of it the concept principles, particularities and advantages of this legal system are analyzed in comparison with the others. The author
points the historical background and conditions of this legal system’s appearing and defines the periodization of this legal system
strengthening process. He lights out five stages of the mentioned process. Besides this and according to the author’s viewpoint
the Nordic Legal System should be characterized as the one of the traditional type and it differs substantially if it is compared to
the Roman-Germanic or to the Anglo-Saxon (Anglo-American) legal systems, having the unique legal dimensions. Further in the
article the law — making process, the order of parliamentary acts adopting, the laws using practice and handling the custom as a
source of law in the Scandinavian countries are described and analyzed. Special attention is paid to the role of courts and judges
in the law-making process, their influence on the formation of legal systems and legislation in the Nordic countries. In particular,
the article notes the existence of a conflict between judges and parliamentarians. It lies in the fact that judges are not always
satisfied with the quality of acts of Parliament, on the basis of which it is not always possible to fairly resolve the case in court. In
addition, the author considers the functioning of public and private law institutions in the system of regulation of public relations.
At the same time, the author pays the necessary attention to the regulation of social relations in those areas of public life that are
not covered by acts of Parliament and in which contractual regulation in interpersonal relations and regulation of the activities
of public organizations on the basis of self-regulation are possible. The problem of legal protection of individuals is considered.
OriginalsprogEngelsk
TidsskriftJournal of Foreign Legislation and Comparative Law
Vol/bind75
Nummer2
Sider (fra-til)5-11
Antal sider6
ISSN1991-3222
DOI
StatusUdgivet - 2019

    Forskningsområder

  • Nordic Legal System, law, legal act, law-making process, parliamentary acts, custom, practice, judge, tradition.

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