Customary Law in Common Law Systems

The Formation of Customary Law

Islamic Law , Customary Law , and Afghan Informal Justice

This report is part of the United States Institute of Peace’s (USIP) ongoing effort to understand the pluralist legal system of Afghanistan. It examines, compares, and contrasts Islamic law with traditional forms of justice in an attempt to elucidate how such rule of law approaches interact as well as provide a fuller understanding of each system to better guide rule of law practice, policy, an...

The Emerging Customary Law of Space

The Political Economy of “Aboriginal Customary Law”

Discussions about aboriginal-non-aboriginal relations in Canada have stressed the need to recognize “aboriginal customary law” in self-government arrangements. It is maintained that many aspects of “native law” differ radically from the legal systems that emerged in European countries, and so imposing Canadian conceptions of law on aboriginal communities is an obstacle to native self-determinat...

Common Law and Continental Law: Two Legal Systems

This paper tries to analyze the main differences between common law and continental legal systems with regard to administrative law taking into account some aspects of basic constitutional law (The UK does not have a written Constitution). Although both legal systems are committed to the constitutionalism of the modernity, their diversities are much more fundamental, than one would imagine from...