If you live in the United Kingdom, you’re subject to the country’s legal system, which is based on common law. But what exactly is common law? And how does it differ from other legal systems around the world? In this beginner’s guide, we’ll take a closer look at common law in the UK and what you need to know to understand it.
What is Common Law?
Common law is a legal system that has its roots in medieval England. It’s called “common” law because it’s based on decisions made by judges in previous cases, rather than laws created by a legislative body like Parliament. In other words, judges use precedent to determine how to rule on new cases that come before them. Over time, this has created a body of law that is based on judicial decisions rather than legislation.
How Does Common Law Work?
Under common law, judges are responsible for interpreting the law and making decisions in individual cases. When a case is brought before a court, the judge will look at previous cases that are similar to the one at hand to determine how to rule. This process is called “stare decisis,” which means “to stand by things decided.” Essentially, judges are bound to follow the decisions made in previous cases unless there is a compelling reason to do otherwise.
Common law is a flexible system that allows for change over time. As society evolves and new issues arise, judges can interpret the law in new ways to address these issues. However, this flexibility also means that the law can be unpredictable at times, as judges may interpret it differently in different cases.
How is Common Law Different from Civil Law?
Common law is one of two major legal systems in the world, the other being civil law. Civil law is based on a comprehensive legal code that is created by a legislative body. In civil law countries, judges are responsible for interpreting the law, but they are bound by the code and cannot make decisions that contradict it.
In contrast, common law is based on judicial decisions rather than a comprehensive legal code. Judges have more freedom to interpret the law, but their decisions are bound by precedent. This means that the law is more flexible in common law countries, but also potentially less predictable.
Why is Common Law Important?
Common law is an important part of the UK’s legal system. It has a long history that stretches back to medieval times, and it has evolved over the centuries to meet the changing needs of society. Common law allows for flexibility and adaptation over time, which is important in a rapidly changing world.
Common law is a legal system with its roots in medieval England, based on judicial decisions rather than a comprehensive legal code. It allows for flexibility and adaptation over time and is an integral part of the UK’s legal system. By understanding the basics of common law, you can navigate the legal system more effectively and make informed decisions about your rights and responsibilities.