2 posts • joined Thursday 25th September 2008 12:32 GMT
You claim "Roman law basically says you can;t do anyhting, unless it is specifically permitted". Could you give a source for that? I don't recall ever coming across this concept when I studied law (in mainland Europe) and certainly not in my history of law/Roman law lectures. As far as I am aware, in Roman law countries too, everything is generally permitted unless it is specifically prohibited. If not, the Scots are going to have a problem as their legal system system is heavily influenced by Roman law.
Incidentally, I long ago saw the light and became a technical translator rather than a lawyer and now specialise in exciting stuff like ITIL :)
Europhobic quasilegal nonsense
Quote: "European law operates on the basis of “legislative certainty”. [snip] As Godfrey Bloom, the UKIP MEP says “EU law defines what you may do. What it doesn't say you may do you can't do.” As opposed to the Common Law system which defines what you may not do and anything not expressly banned is allowed."
Ermm, it's quite a while since I studied law (in the Netherlands) and admittedly I didn't finish the course (found something technical and more fun to do), but this sounds like a load of guano to me.
First of all, a quick Google on "legislative certainty" suggests that the term "legislative certainty" simply relates to individuals and business being more certain about what effect legislation has on them, and has nothing to do with the above assertion.
Secondly, and more importantly, the suggestion that "EU law defines what you may do. What it doesn't say you may do you can't do.” would appear to be complete NONSENSE!!! (Apologies for the caps and exclamation marks.) There is simply no such concept - in mainland Europe too, any act is permitted as long as it is not specifically prohibited. Perhaps you could consult someone less biased than a UKIP plonker about this.
(As an aside, the system which contrasts with "common law" is "Roman law". Incidentally, unlike English law, Scottish law is heavily influenced by Roman law - what are UKIP going to do about that?)
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