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Field Listing - Legal system

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Country	Legal system
Afghanistan	the Bonn Agreement calls for a judicial commission to rebuild the justice system in accordance with Islamic principles, international standards, the rule of law, and Afghan legal traditions
Albania	has not accepted compulsory ICJ jurisdiction
Algeria	socialist, based on French and Islamic law; judicial review of legislative acts in ad hoc Constitutional Council composed of various public officials, including several Supreme Court justices; has not accepted compulsory ICJ jurisdiction
American Samoa	NA
Andorra	based on French and Spanish civil codes; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
Angola	based on Portuguese civil law system and customary law; recently modified to accommodate political pluralism and increased use of free markets
Anguilla	based on English common law
Antarctica	Antarctica is administered through meetings of the consultative member nations. Decisions from these meetings are carried out by these member nations (within their areas) in accordance with their own national laws. US law, including certain criminal offenses by or against US nationals, such as murder, may apply extra-territorially. Some US laws directly apply to Antarctica. For example, the Antarctic Conservation Act, 16 U.S.C. section 2401 et seq., provides civil and criminal penalties for the following activities, unless authorized by regulation of statute: the taking of native mammals or birds; the introduction of nonindigenous plants and animals; entry into specially protected areas; the discharge or disposal of pollutants; and the importation into the US of certain items from Antarctica. Violation of the Antarctic Conservation Act carries penalties of up to $10,000 in fines and one year in prison. The National Science Foundation and Department of Justice share enforcement responsibilities. Public Law 95-541, the US Antarctic Conservation Act of 1978, as amended in 1996, requires expeditions from the US to Antarctica to notify, in advance, the Office of Oceans, Room 5805, Department of State, Washington, DC 20520, which reports such plans to other nations as required by the Antarctic Treaty. For more information, contact Permit Office, Office of Polar Programs, National Science Foundation, Arlington, Virginia 22230; telephone: (703) 292-8030, or visit their website at www.nsf.gov.
Antigua and Barbuda	based on English common law
Argentina	mixture of US and West European legal systems; has not accepted compulsory ICJ jurisdiction
Armenia	based on civil law system
Aruba	based on Dutch civil law system, with some English common law influence
Ashmore and Cartier Islands	the laws of the Commonwealth of Australia and the laws of the Northern Territory of Australia, where applicable, apply
Australia	based on English common law; accepts compulsory ICJ jurisdiction, with reservations
Austria	civil law system with Roman law origin; judicial review of legislative acts by the Constitutional Court; separate administrative and civil/penal supreme courts; accepts compulsory ICJ jurisdiction
Azerbaijan	based on civil law system
Bahamas, The	based on English common law
Bahrain	based on Islamic law and English common law
Baker Island	the laws of the US, where applicable, apply
Bangladesh	based on English common law
Barbados	English common law; no judicial review of legislative acts
Bassas da India	the laws of France, where applicable, apply
Belarus	based on civil law system
Belgium	civil law system influenced by English constitutional theory; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
Belize	English law
Benin	based on French civil law and customary law; has not accepted compulsory ICJ jurisdiction
Bermuda	English law
Bhutan	based on Indian law and English common law; has not accepted compulsory ICJ jurisdiction
Bolivia	based on Spanish law and Napoleonic Code; has not accepted compulsory ICJ jurisdiction
Bosnia and Herzegovina	based on civil law system
Botswana	based on Roman-Dutch law and local customary law; judicial review limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction
Bouvet Island	the laws of Norway, where applicable, apply
Brazil	based on Roman codes; has not accepted compulsory ICJ jurisdiction
British Indian Ocean Territory	the laws of the UK, where applicable, apply
British Virgin Islands	English law
Brunei	based on English common law; for Muslims, Islamic Shari'a law supersedes civil law in a number of areas
Bulgaria	civil law and criminal law based on Roman law; accepts compulsory ICJ jurisdiction
Burkina Faso	based on French civil law system and customary law
Burma	has not accepted compulsory ICJ jurisdiction
Burundi	based on German and Belgian civil codes and customary law; has not accepted compulsory ICJ jurisdiction
Cambodia	primarily a civil law mixture of French-influenced codes from the United Nations Transitional Authority in Cambodia (UNTAC) period, royal decrees, and acts of the legislature, with influences of customary law and remnants of communist legal theory; increasing influence of common law in recent years
Cameroon	based on French civil law system, with common law influence; has not accepted compulsory ICJ jurisdiction
Canada	based on English common law, except in Quebec, where civil law system based on French law prevails; accepts compulsory ICJ jurisdiction, with reservations
Cape Verde	derived from the legal system of Portugal
Cayman Islands	British common law and local statutes
Central African Republic	based on French law
Chad	based on French civil law system and Chadian customary law; has not accepted compulsory ICJ jurisdiction
Chile	based on Code of 1857 derived from Spanish law and subsequent codes influenced by French and Austrian law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction note: Chile is in the process of completely overhauling its criminal justice system; a new, US-style adversarial system is being gradually implemented throughout the country
China	a complex amalgam of custom and statute, largely criminal law; rudimentary civil code in effect since 1 January 1987; new legal codes in effect since 1 January 1980; continuing efforts are being made to improve civil, administrative, criminal, and commercial law
Christmas Island	under the authority of the governor general of Australia and Australian law
Clipperton Island	the laws of France, where applicable, apply
Cocos (Keeling) Islands	based upon the laws of Australia and local laws
Colombia	based on Spanish law; a new criminal code modeled after US procedures was enacted in 1992-93; judicial review of executive and legislative acts; accepts compulsory ICJ jurisdiction, with reservations
Comoros	French and Sharia (Islamic) law in a new consolidated code
Congo, Democratic Republic of the	based on Belgian civil law system and tribal law; has not accepted compulsory ICJ jurisdiction
Congo, Republic of the	based on French civil law system and customary law
Cook Islands	based on New Zealand law and English common law
Coral Sea Islands	the laws of Australia, where applicable, apply
Costa Rica	based on Spanish civil law system; judicial review of legislative acts in the Supreme Court; has accepted compulsory ICJ jurisdiction
Cote d'Ivoire	based on French civil law system and customary law; judicial review in the Constitutional Chamber of the Supreme Court; has not accepted compulsory ICJ jurisdiction
Croatia	based on civil law system
Cuba	based on Spanish and American law, with large elements of Communist legal theory; has not accepted compulsory ICJ jurisdiction
Cyprus	based on common law, with civil law modifications
Czech Republic	civil law system based on Austro-Hungarian codes; has not accepted compulsory ICJ jurisdiction; legal code modified to bring it in line with Organization on Security and Cooperation in Europe (OSCE) obligations and to expunge Marxist-Leninist legal theory
Denmark	civil law system; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
Djibouti	based on French civil law system, traditional practices, and Islamic law
Dominica	based on English common law
Dominican Republic	based on French civil codes
East Timor	NA
Ecuador	based on civil law system; has not accepted compulsory ICJ jurisdiction
Egypt	based on English common law, Islamic law, and Napoleonic codes; judicial review by Supreme Court and Council of State (oversees validity of administrative decisions); accepts compulsory ICJ jurisdiction, with reservations
El Salvador	based on civil and Roman law, with traces of common law; judicial review of legislative acts in the Supreme Court; accepts compulsory ICJ jurisdiction, with reservations
Equatorial Guinea	partly based on Spanish civil law and tribal custom
Eritrea	primary basis is the Ethiopian legal code of 1957, with revisions; new civil, commercial, and penal codes have not yet been promulgated; also relies on customary and post-independence-enacted laws and, for civil cases involving Muslims, Sharia law
Estonia	based on civil law system; no judicial review of legislative acts
Ethiopia	currently transitional mix of national and regional courts
Europa Island	the laws of France, where applicable, apply
Falkland Islands (Islas Malvinas)	English common law
Faroe Islands	Danish
Fiji	based on British system
Finland	civil law system based on Swedish law; Supreme Court may request legislation interpreting or modifying laws; accepts compulsory ICJ jurisdiction, with reservations
France	civil law system with indigenous concepts; review of administrative but not legislative acts
French Guiana	French legal system
French Polynesia	based on French system
French Southern and Antarctic Lands	the laws of France, where applicable, apply
Gabon	based on French civil law system and customary law; judicial review of legislative acts in Constitutional Chamber of the Supreme Court; has not accepted compulsory ICJ jurisdiction
Gambia, The	based on a composite of English common law, Koranic law, and customary law; accepts compulsory ICJ jurisdiction, with reservations
Georgia	based on civil law system
Germany	civil law system with indigenous concepts; judicial review of legislative acts in the Federal Constitutional Court; has not accepted compulsory ICJ jurisdiction
Ghana	based on English common law and customary law; has not accepted compulsory ICJ jurisdiction
Gibraltar	English law
Glorioso Islands	the laws of France, where applicable, apply
Greece	based on codified Roman law; judiciary divided into civil, criminal, and administrative courts
Greenland	Danish
Grenada	based on English common law
Guadeloupe	French legal system
Guam	modeled on US; US federal laws apply
Guatemala	civil law system; judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
Guernsey	English law and local statute; justice is administered by the Royal Court
Guinea	based on French civil law system, customary law, and decree; legal codes currently being revised; has not accepted compulsory ICJ jurisdiction
Guinea-Bissau	NA
Guyana	based on English common law with certain admixtures of Roman-Dutch law; has not accepted compulsory ICJ jurisdiction
Haiti	based on Roman civil law system; accepts compulsory ICJ jurisdiction
Heard Island and McDonald Islands	the laws of Australia, where applicable, apply
Holy See (Vatican City)	based on Code of Canon Law and revisions to it
Honduras	rooted in Roman and Spanish civil law with increasing influence of English common law; recent judicial reforms include abandoning Napoleonic legal codes in favor of the oral adversarial system; accepts ICJ jurisdiction, with reservations
Hong Kong	based on English common law
Howland Island	the laws of the US, where applicable, apply
Hungary	rule of law based on Western model
Iceland	civil law system based on Danish law; has not accepted compulsory ICJ jurisdiction
India	based on English common law; limited judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
Indonesia	based on Roman-Dutch law, substantially modified by indigenous concepts and by new criminal procedures code; has not accepted compulsory ICJ jurisdiction
Iran	the Constitution codifies Islamic principles of government
Iraq	in transition following April 2003 defeat of SADDAM Husayn regime by US-led coalition
Ireland	based on English common law, substantially modified by indigenous concepts; judicial review of legislative acts in Supreme Court; has not accepted compulsory ICJ jurisdiction
Israel	mixture of English common law, British Mandate regulations, and, in personal matters, Jewish, Christian, and Muslim legal systems; in December 1985, Israel informed the UN Secretariat that it would no longer accept compulsory ICJ jurisdiction
Italy	based on civil law system; appeals treated as new trials; judicial review under certain conditions in Constitutional Court; has not accepted compulsory ICJ jurisdiction
Jamaica	based on English common law; has not accepted compulsory ICJ jurisdiction
Jan Mayen	the laws of Norway, where applicable, apply
Japan	modeled after European civil law system with English-American influence; judicial review of legislative acts in the Supreme Court; accepts compulsory ICJ jurisdiction with reservations
Jarvis Island	the laws of the US, where applicable, apply
Jersey	English law and local statute; justice is administered by the Royal Court
Johnston Atoll	the laws of the US, where applicable, apply
Jordan	based on Islamic law and French codes; judicial review of legislative acts in a specially provided High Tribunal; has not accepted compulsory ICJ jurisdiction
Juan de Nova Island	the laws of France, where applicable, apply
Kazakhstan	based on civil law system
Kenya	based on Kenyan statutory law, Kenyan and English common law, tribal law, and Islamic law; judicial review in High Court; accepts compulsory ICJ jurisdiction, with reservations; constitutional amendment of 1982 making Kenya a de jure one-party state repealed in 1991
Kingman Reef	the laws of the US, where applicable, apply
Kiribati	NA
Korea, North	based on German civil law system with Japanese influences and Communist legal theory; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
Korea, South	combines elements of continental European civil law systems, Anglo-American law, and Chinese classical thought
Kuwait	civil law system with Islamic law significant in personal matters; has not accepted compulsory ICJ jurisdiction
Kyrgyzstan	based on civil law system
Laos	based on traditional customs, French legal norms and procedures, and socialist practice
Latvia	based on civil law system
Lebanon	mixture of Ottoman law, canon law, Napoleonic code, and civil law; no judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
Lesotho	based on English common law and Roman-Dutch law; judicial review of legislative acts in High Court and Court of Appeal; has not accepted compulsory ICJ jurisdiction
Liberia	dual system of statutory law based on Anglo-American common law for the modern sector and customary law based on unwritten tribal practices for indigenous sector
Libya	based on Italian civil law system and Islamic law; separate religious courts; no constitutional provision for judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
Liechtenstein	local civil and penal codes; accepts compulsory ICJ jurisdiction, with reservations
Lithuania	based on civil law system; legislative acts can be appealed to the constitutional court
Luxembourg	based on civil law system; accepts compulsory ICJ jurisdiction
Macau	based on Portuguese civil law system
Macedonia, The Former Yugoslav Republic of	based on civil law system; judicial review of legislative acts
Madagascar	based on French civil law system and traditional Malagasy law; has not accepted compulsory ICJ jurisdiction
Malawi	based on English common law and customary law; judicial review of legislative acts in the Supreme Court of Appeal; has not accepted compulsory ICJ jurisdiction
Malaysia	based on English common law; judicial review of legislative acts in the Supreme Court at request of supreme head of the federation; has not accepted compulsory ICJ jurisdiction
Maldives	based on Islamic law with admixtures of English common law primarily in commercial matters; has not accepted compulsory ICJ jurisdiction
Mali	based on French civil law system and customary law; judicial review of legislative acts in Constitutional Court (which was formally established on 9 March 1994); has not accepted compulsory ICJ jurisdiction
Malta	based on English common law and Roman civil law; accepts compulsory ICJ jurisdiction, with reservations
Man, Isle of	English common law and Manx statute
Marshall Islands	based on adapted Trust Territory laws, acts of the legislature, municipal, common, and customary laws
Martinique	French legal system
Mauritania	a combination of Shari'a (Islamic law) and French civil law
Mauritius	based on French civil law system with elements of English common law in certain areas
Mayotte	French law
Mexico	mixture of US constitutional theory and civil law system; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
Micronesia, Federated States of	based on adapted Trust Territory laws, acts of the legislature, municipal, common, and customary laws
Midway Islands	the laws of the US, where applicable, apply
Moldova	based on civil law system; Constitutional Court reviews legality of legislative acts and governmental decisions of resolution; it is unclear if Moldova accepts compulsory ICJ jurisdiction but accepts many UN and Organization for Security and Cooperation in Europe (OSCE) documents
Monaco	based on French law; has not accepted compulsory ICJ jurisdiction
Mongolia	blend of Soviet, German, and US systems of law that combines aspects of a parliamentary system with some aspects of a presidential system; constitution ambiguous on judicial review of legislative acts; has not accepted compulsory ICJ jurisdiction
Montserrat	English common law and statutory law
Morocco	based on Islamic law and French and Spanish civil law system; judicial review of legislative acts in Constitutional Chamber of Supreme Court
Mozambique	based on Portuguese civil law system and customary law
Namibia	based on Roman-Dutch law and 1990 constitution
Nauru	acts of the Nauru Parliament and British common law
Navassa Island	the laws of the US, where applicable, apply
Nepal	based on Hindu legal concepts and English common law; has not accepted compulsory ICJ jurisdiction
Netherlands	civil law system incorporating French penal theory; constitution does not permit judicial review of acts of the States General; accepts compulsory ICJ jurisdiction, with reservations
Netherlands Antilles	based on Dutch civil law system, with some English common law influence
New Caledonia	the 1988 Matignon Accords grant substantial autonomy to the islands; formerly under French law
New Zealand	based on English law, with special land legislation and land courts for the Maori; accepts compulsory ICJ jurisdiction, with reservations
Nicaragua	civil law system; Supreme Court may review administrative acts
Niger	based on French civil law system and customary law; has not accepted compulsory ICJ jurisdiction
Nigeria	based on English common law, Islamic Shariah law (only in some northern states), and traditional law
Niue	English common law note: Niue is self-governing, with the power to make its own laws
Norfolk Island	based on the laws of Australia, local ordinances and acts; English common law applies in matters not covered by either Australian or Norfolk Island law
Northern Mariana Islands	based on US system, except for customs, wages, immigration laws, and taxation
Norway	mixture of customary law, civil law system, and common law traditions; Supreme Court renders advisory opinions to legislature when asked; accepts compulsory ICJ jurisdiction, with reservations
Oman	based on English common law and Islamic law; ultimate appeal to the monarch; has not accepted compulsory ICJ jurisdiction
Pakistan	based on English common law with provisions to accommodate Pakistan's status as an Islamic state; accepts compulsory ICJ jurisdiction, with reservations
Palau	based on Trust Territory laws, acts of the legislature, municipal, common, and customary laws
Palmyra Atoll	the laws of the US, where applicable, apply
Panama	based on civil law system; judicial review of legislative acts in the Supreme Court of Justice; accepts compulsory ICJ jurisdiction, with reservations
Papua New Guinea	based on English common law
Paraguay	based on Argentine codes, Roman law, and French codes; judicial review of legislative acts in Supreme Court of Justice
Peru	based on civil law system; has not accepted compulsory ICJ jurisdiction
Philippines	based on Spanish and Anglo-American law; accepts compulsory ICJ jurisdiction, with reservations
Pitcairn Islands	local island by-laws
Poland	mixture of Continental (Napoleonic) civil law and holdover Communist legal theory; changes being gradually introduced as part of broader democratization process; limited judicial review of legislative acts, but rulings of the Constitutional Tribunal are final; court decisions can be appealed to the European Court of Justice in Strasbourg
Portugal	civil law system; the Constitutional Tribunal reviews the constitutionality of legislation; accepts compulsory ICJ jurisdiction, with reservations
Puerto Rico	based on Spanish civil code and within the US Federal system of justice
Qatar	discretionary system of law controlled by the amir, although civil codes are being implemented; Islamic law dominates family and personal matters
Reunion	French law
Romania	former mixture of civil law system and communist legal theory; is now based on the constitution of France's Fifth Republic
Russia	based on civil law system; judicial review of legislative acts
Rwanda	based on German and Belgian civil law systems and customary law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction
Saint Helena	NA
Saint Kitts and Nevis	based on English common law
Saint Lucia	based on English common law
Saint Pierre and Miquelon	French law with special adaptations for local conditions, such as housing and taxation
Saint Vincent and the Grenadines	based on English common law
Samoa	based on English common law and local customs; judicial review of legislative acts with respect to fundamental rights of the citizen; has not accepted compulsory ICJ jurisdiction
San Marino	based on civil law system with Italian law influences; has not accepted compulsory ICJ jurisdiction
Sao Tome and Principe	based on Portuguese legal system and customary law; has not accepted compulsory ICJ jurisdiction
Saudi Arabia	based on Islamic law, several secular codes have been introduced; commercial disputes handled by special committees; has not accepted compulsory ICJ jurisdiction
Senegal	based on French civil law system; judicial review of legislative acts in Constitutional Court; the Council of State audits the government's accounting office; has not accepted compulsory ICJ jurisdiction
Serbia and Montenegro	based on civil law system
Seychelles	based on English common law, French civil law, and customary law
Sierra Leone	based on English law and customary laws indigenous to local tribes; has not accepted compulsory ICJ jurisdiction
Singapore	based on English common law; has not accepted compulsory ICJ jurisdiction
Slovakia	civil law system based on Austro-Hungarian codes; has not accepted compulsory ICJ jurisdiction; legal code modified to comply with the obligations of Organization on Security and Cooperation in Europe (OSCE) and to expunge Marxist-Leninist legal theory
Slovenia	based on civil law system
Solomon Islands	English common law, which is widely disregarded
Somalia	no national system; Shari'a and secular courts are in some localities
South Africa	based on Roman-Dutch law and English common law; accepts compulsory ICJ jurisdiction, with reservations
South Georgia and the South Sandwich Islands	the laws of the UK, where applicable, apply; the senior magistrate from the Falkland Islands presides over the Magistrates Court
Spain	civil law system, with regional applications; has not accepted compulsory ICJ jurisdiction
Sri Lanka	a highly complex mixture of English common law, Roman-Dutch, Muslim, Sinhalese, and customary law; has not accepted compulsory ICJ jurisdiction
Sudan	based on English common law and Islamic law; as of 20 January 1991, the now defunct Revolutionary Command Council imposed Islamic law in the northern states; Islamic law applies to all residents of the northern states regardless of their religion; some separate religious courts; accepts compulsory ICJ jurisdiction, with reservations
Suriname	based on Dutch legal system incorporating French penal theory
Svalbard	NA
Swaziland	based on South African Roman-Dutch law in statutory courts and Swazi traditional law and custom in traditional courts; has not accepted compulsory ICJ jurisdiction
Sweden	civil law system influenced by customary law; accepts compulsory ICJ jurisdiction, with reservations
Switzerland	civil law system influenced by customary law; judicial review of legislative acts, except with respect to federal decrees of general obligatory character; accepts compulsory ICJ jurisdiction, with reservations
Syria	based on Islamic law and civil law system; special religious courts; has not accepted compulsory ICJ jurisdiction
Taiwan	based on civil law system; accepts compulsory ICJ jurisdiction, with reservations
Tajikistan	based on civil law system; no judicial review of legislative acts
Tanzania	based on English common law; judicial review of legislative acts limited to matters of interpretation; has not accepted compulsory ICJ jurisdiction
Thailand	based on civil law system, with influences of common law; has not accepted compulsory ICJ jurisdiction
Togo	French-based court system
Tokelau	New Zealand and local statutes
Tonga	based on English law
Trinidad and Tobago	based on English common law; judicial review of legislative acts in the Supreme Court; has not accepted compulsory ICJ jurisdiction
Tromelin Island	the laws of France, where applicable, apply
Tunisia	based on French civil law system and Islamic law; some judicial review of legislative acts in the Supreme Court in joint session
Turkey	derived from various European continental legal systems; accepts compulsory ICJ jurisdiction, with reservations
Turkmenistan	based on civil law system
Turks and Caicos Islands	based on laws of England and Wales, with a few adopted from Jamaica and The Bahamas
Tuvalu	NA
Uganda	in 1995, the government restored the legal system to one based on English common law and customary law; accepts compulsory ICJ jurisdiction, with reservations
Ukraine	based on civil law system; judicial review of legislative acts
United Arab Emirates	federal court system introduced in 1971; all emirates except Dubayy (Dubai) and Ra's al Khaymah are not fully integrated into the federal system; all emirates have secular and Islamic law for civil, criminal, and high courts
United Kingdom	common law tradition with early Roman and modern continental influences; has judicial review of Acts of Parliament under the Human Rights Act of 1998; accepts compulsory ICJ jurisdiction, with reservations
United States	based on English common law; judicial review of legislative acts; accepts compulsory ICJ jurisdiction, with reservations
Uruguay	based on Spanish civil law system; accepts compulsory ICJ jurisdiction
Uzbekistan	evolution of Soviet civil law; still lacks independent judicial system
Vanuatu	unified system being created from former dual French and British systems
Venezuela	based on organic laws as of July 1999; open, adversarial court system; has not accepted compulsory ICJ jurisdiction
Vietnam	based on communist legal theory and French civil law system
Virgin Islands	based on US laws
Wake Island	the laws of the US, where applicable, apply
Wallis and Futuna	French legal system
World	all members of the UN plus Switzerland are parties to the statute that established the International Court of Justice (ICJ) or World Court
Yemen	based on Islamic law, Turkish law, English common law, and local tribal customary law; has not accepted compulsory ICJ jurisdiction
Zambia	based on English common law and customary law; judicial review of legislative acts in an ad hoc constitutional council; has not accepted compulsory ICJ jurisdiction
Zimbabwe	mixture of Roman-Dutch and English common law

This page was last updated on 1 August, 2003