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Put judges above the state. (Politics).(Brief Article)
Paul Mahoney," The Common Law and Economic Growth: Hayek Might be Right," in The Journal of Legal Studies (June 2001), University of Chicago Press, Post Office Box 37005, Chicago, Illinois 60637
Most nations use one of two systems to shape their laws. In the British "common law" tradition, judges are high ranking, well paid, and able to make decisions that change the law. Common law nations also allow upper-echelon judges to overturn the decisions of lower courts. By contrast, in the French "civil law" system, judges are lowly functionaries who enforce the laws prepared by bureaucrats, and whose decisions cannot be questioned or appealed.
Paul Mahoney of the University of Virginia School of Law finds that countries with common law grow faster economically than countries where civil law is the rule. This leads him to agree with Friedrich Hayek's observation in Law, Legislation, and Liberty that "the ideal of individual liberty seems to have flourished chiefly among people where, at least for long periods, judge-made law predominated."
The British and French legal systems both evolved from battles ...
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