An Appraisal of the Influence of Legal Transplant on National Legal Systems

Abstract

States may use foreign law for different reasons. Courts can do so when faced with a controversial new issue for which no apparent solution is found under national law. Often countries refer to laws or legal practices of other countries within the same legal family. This is done by Cameroonian courts, especially in the English speaking regions where the common law legal system applies. This paper analyses the impact and legitimacy of the use of foreign law paying particular attention to Cameroon. The analysis will be based on the following sequence: comparative law and national legislatures; comparative law and national courts; voluntary recourse to foreign law in domestic disputes; legitimacy of comparative law influence and reasoning; motives and strategies in valuing foreign law; and the extent to which legal systems are opened to foreign influence. The paper concludes that the Cameroon legal systems (common law and civil law) are highly influenced by legal transplant.