Civil Law or Common Law that is the question

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I have that thought long and hard about this and done research as well even though I am not a legal scholar or a lawyer just a libertarian that is concerned about the best approach to securing or rights and freedoms. Below is a conversation I have had with AI and while it recommended a common law system after molding it for a little while it came out with this solution.

Libertarian Hybrid Legal System Framework

Combining Civil Law Structure + Common Law Liberty + Direct Democracy Oversight

  1. Constitutional Foundation (Direct Democracy Layer)

  • Supreme authority: A citizen-ratified constitution with:

    • Strict limits on government power

    • Explicit protection of natural rights (speech, arms, property, etc.)

    • Direct initiative and referendum powers to:

      • Propose/repeal statutes
      • Amend the constitution
      • Veto legislation

  • Nullification clause: Any statute or precedent contrary to constitutional rights is void.

  1. Codified (Civil Law-Inspired) Areas — For Clarity and Reliability
Legal Area Codified Content
Criminal Law Only punishes crimes with clear victims (aggression, theft, fraud). Proportional sentences codified.
Procedural Law Strict due process rights: warrant requirements, right to silence, speedy trial, etc.
Tax Law If any taxes exist, they’re flat, transparent, and subject to referendum.
Family Law Defined primarily by contract (marriage, custody, etc.) unless involving coercion.
Administrative Law Agency powers clearly limited; all regulations subject to citizen repeal.

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  1. Common Law (Precedent-Based) Areas — For Flexibility and Individual Justice
Legal Area Precedent-Driven Principles
Contract Law Enforces voluntary agreements; judges interpret disputes case-by-case.
Property Law Protects ownership rights and resolves disputes via evolving norms.
Tort Law Evolving liability standards (e.g., negligence, strict liability).
Corporate/Business Law Honors custom legal structures unless fraud/coercion is shown.

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  1. Decentralization Layer (Federalism + Local Autonomy)
    • Local legal experimentation allowed (e.g., by counties/cantons)
    • Nullification rights for localities to reject federal overreach
    • Competition between jurisdictions encouraged

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  1. Judicial Oversight
    • Judges are elected or rotated and strictly bound by the constitution
    • Jury nullification is protected
    • Courts may strike down unconstitutional statutes or executive actions

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In Summary:
This hybrid system blends codified clarity with common-law liberty, under direct democratic control.
It supports natural rights, limits state power, and adapts to changing conditions—while always remaining citizen-controlled.

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Thanks Martin for bringing this issue to our attention. First of all; I practically know nothing about these issues or lawfare (I’m a technocrat), but there’s maybe a third “law” we should pay attention to; The Natural Law?

On the other hand, I guess our LL leaders already have considered these options, and that might have been stated or discussed in an LL-document I still haven’t read (or found).

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Thats why I am posting so many threads because I have not seem what our positions are on these key issues. We need to have what I would call a British style manifesto that lays out what the overarching ideas that a prime minister has before they go into office