DIFFERENCES BETWEEN COMMON LAW AND CONTINENTAL LAW SYSTEM

Common Law	Continental System
Common law is based on the old "rule of law" (rule of law not of men: rule of law and not of man), which although similar distance themselves enough in concept.	The civil law is based on the principle of legality.
The common law is a "jurisprudential" system, while the main source thereof are judicial decisions (all of them is called "case law"), which have a "binding", ie character are required for all judges who cannot depart from previous decisions taken by other judges	In contrast, the continental law, due to the influence of Roman law (which, since its inception, worried that legal rules were written, so that all might know them), is a "legal" eminently right, while the main source of it is the law. In the continental system, judgments previously by other judges are not "binding" character for the rest of the judges. Even the judgments of courts of last instance, as the Supreme Court, are binding on the judges of the lower courts.
In Anglo-Saxon system of each failure each judge sitting "above" each judge sitting failure of each firm based jurisprudential and legal standard range	Never mind that there are many consistent judgments on a certain matter: this does not imply an obligation for any judge to fail under that "trend each judge can resolve the case that is presented in the manner it considers appropriate or fair and even. may deviate from the majority held (albeit followed by judges who are above him and eventually be understood in a review of their decisions),provided it can produce ruling consistent with law, and grounds justifying that decision (otherwise, it's likely that his sentence be nullified by the High Court).

At common law, the Constitution is the expression of popular sovereignty, the constitutive principle is considered that the only legitimate holder of political power is the supreme law pueblo. Conceived as expressing the cultural self- representation of a people and reflects aspirations as a nation. Comes to occupy a position similar to that occupied by the original constituent power - only legitimate body that creates the Constitution, therefore identified as a high standard within the legal system of the State. Through it the nation, not only legally but organized solemnly declares the supreme values ​​in which it believes.

 Its purpose is the protection and defense of the human person as a bearer of dignity being, which gradually causes you to recognize a set of intangible and inalienable rights, that inspire your assurance in such a way that the legal and political regulations do not lead contempt or impairment for personal esteem. Therefore, becomes the minimum invulnerable for a fully human life.

 It also constitutes the basis of the legal system unit providing validity and meaning, both in its formal aspect -production of new legal rules - such as item - prescriptive regarding its content. She plays a vital role throughout the system font all positive law is the foundation of her life and must be adjusted in the meaning and scope to it, when establishing the prescriptive content of an infra mandate.

 The Constitution placed on top of the legal system because of its time - functions requires other rules of the system owed ​​allegiance to and respect for life is the benchmark for all other positive rules.