What are the strengths and weaknesses of the U.S. legal system compared with that of other countries?
Most countries depend upon statutes or written law. This may include laws formally enacted by parliaments or central government as well as ordinances maintained by central or local governments. The United States uses precedent to a much greater degree. In other words, laws are interpreted by judges and those interpretations form the basis of subsequent actions. In some cases the law has little resemblance to what was originally enacted by Congress or state legislatures. The judiciary in the U.S. is also much more independent than in most countries. Since Marbury vs. Madison (1803), the U.S. Supreme Court has been the final arbriter of constitutional questions. A recent example had Congress and the President approving line item vetoes but the Court ruled this was a violation of the Constitution. The U.S. also believes in “Rule of Law”. Decisions are supposed to be based upon what is right not what is convenient or popular. The principle is that fairness and consistency are worth more th
