3.2 English and American Legal System

The English system (the mother): the concept (the unwritten-constitution's parliamentary sovereignty); the courts (the historical: the King's-Bench-Common-Pleas-Exchequer → the modern: the Supreme Court 2009 (the Lords' transformation), the Court of Appeal, the High Court's divisions; the Crown-and-county courts); the sources (the statute (the Parliament's supremacy) + the case-law (the binding precedent) + the custom + the EU's historical overlay); the profession (the divided bar's history — the barristers-and-solicitors (the advocacy-and-advisory division) + the judges' practitioner-pool (the senior-bar appointments); the fusion debates). The American system (the child's variation): the concept (the WRITTEN constitution's supremacy — the judicial review's invention (Marbury v. Madison 1803)); the courts (the dual system: the federal (the district-courts-courts-of-appeals-Supreme-Court) + the state courts (the 50 systems) — the parallel sovereigns' craft); the sources (the Constitution's supreme law (the amendment's rigidity) + the statutes + the case-law (the precedent within the hierarchical-and-horizontal varieties — the stare decisis's American strength)); the profession (the unified bar (the barrister-solicitor division's absence); the law-school craft (the graduate-and-case-method education — the Socratic American invention); the elected-judges' state practice (the American peculiarity); the contingency-fees-and- jury faces). The pair's comparison (the banker): the constitutional frame (the parliamentary sovereignty vs the constitutional supremacy — the review's difference); the court structure (the unitary-vs-the-dual); the profession (the divided-vs-unified; the appointed-vs-elected judges); the procedure's faces (the civil jury's American survival…