The analysis of Anglo-Saxon and Romano-Germanic legal systems in the light of comparative jurisprudence

Author/s:
Headline:

A. L. ASATRYAN, PhD in Law, Associate Professor, First Deputy Chairman, Chamber of Advocates of the Republic of Armenia

SUMMARY

A flexible national legal system is a key component of ensuring domestic and external security of the state, and it fulfills its assigned role of building quality legal relations only when it is in harmony with universal and civilized values, nation’s legal consciousness and traditions. While being an active participant in the international and regional tradeeconomic and military-political integration processes, the Republic of Armenia is constantly working to respond to the developments taking place in international law and eliminate the contradictions hindering their introduction into the internal legal sphere. As long as the globalization developments recently getting more intensive lead also to the globalization of law, or convergence of various legal systems (families), we find it of prime importance to clearly understand the features and receptivity of our national legal mindset, as well as the place and role of the “rule of law” as a fundamental provision for realizing democratic values in the realm of its improvement.

At present the RA legal system operates within the frameworks of the family of Continental law; however, it bears also the impacts of the convergence of Continental (Romano-Germanic) law and Anglo-Saxon (common) law. The existence of the European Union and Council of Europe, the two massive and well-developed integration formations in the European region, facilitates the convergence of the Anglo-Saxon “rule of law” and the Romano-Germanic “legal state” concepts. In this context the analysis of the idea of rule of law as a civilizational value dominant in the European legal space in the light of comparative law is of great theoretical and practical importance.