Originally Posted by
LGS6753
Why do so many people, ATNotts included, think that the EU's Napoleonic system of justice is appropriate to the modern age? In that system, courts adjudicate on their understanding of the spirit of the law, not the letter of the law, as UK courts using Common Law do.
There is a far greater chance of real justice, as evidenced by the reputation of the UK system, in the UK as everyone knows exactly where they stand. Judge-made law is less prevalent in Common Law than in Napoleonic Law.
If you look at the legal systems of some of the countries who provide judges to the ECJ, you would be extremely glad that we are leaving the EU.
I am frankly not interested in whether the "Napoleonic" system is better or worse than the Common Law system (though as a Brit I know I should understand that like everything else, the British system is without doubt "the best in the world") I was merely pointing out, as indeed j636 was, that once in the hands of the British system and out of the "clutches" (as you would insist) of the ECJ changes to the law are likely to be made through test cases, whether for better or worse will depend on which side of the fence you sit - airline or punter, and how those changes effect both parties.