Introduction
Common law is a body of unwritten laws which supportes legal precedents established by the courts. Common law influences the decision-making process in unusual cases. In this the result can’t be determined supported existing statutes or written rules of law.
Meaning
According to common law, judges must consider the decisions of earlier courts about similar cases when making their own decisions. People sometimes call common law “customary law” because judges consider the customs of the country when making decisions.
According to Salmond, common law is the entire body of English law.
Origin
The expression common law was adopted by English lawyers. Specifically from the canonists who used to denote the general law of the church as opposed to those divergent usages. It then prevails in several local jurisdictions and superseded or modified within their territorial limits the common law of Christendom.
The development of common law is closely associated with the growth of King’s justice in England. During the period of Henry II, a royal writ had been invented. This could be sent to the sheriff on a complaint by a tenant of the freehold. That he was deforced of his land. And thus have the case taken out of the court of the landlord. The invention of the writs was the making of the English common law.
In its historical origin, the law was taken to me in the whole of the law of England including equity. In Modern Times, statute law has developed to a very great extent. Even certain portions of the common law were undergoing a slow transformation into statute law. It is by the process known as codification. The term common law is still using to mean the whole of the law of England. Especially when it is contrast with the foreign system of law like Roman law or French law.
Judicial precedent is an important source of law. According to Salmond,” The great body of the practice is nearly entirely the product of out of doors cases”. The common law of England is the reason why the precedent is recognizes. That a judicial decision is presumes to be correct. In all probability, it is true in fact. Even if it is not, it is expedient that it should be true. Law becomes certain and known and that itself is a great advantage.
Common Law as Case Law
Common law, also referred to as case law. It relies on detailed records of comparable situations and statutes. Because there’s no official code that will apply to a case at hand. The judge presiding over a case determines which precedents apply thereto a particular case.
The doctrine of stare decisis is recognizes by the constitution of India in article 141. It provides that the law declared by the Supreme Court of India shall be binding on all Courts in India.
Features of a common-law system include:
1.There is not always a written constitution.
2.Judicial decisions are binding
3.Extensive freedom of contract
Conclusion
The fineness of common law is that it represents the law of the courts as expressed in judicial decisions. Judges decide cases found in precedents provided by past decisions. In contrast to the civil law system, which predictis on statutes and prescribe texts. Other than the system of judicial precedents, other characteristics of common law are trial by jury. Therefore it is the doctrine of the supremacy of the law.
A common law system is a smaller amount of prescriptive than a civil law system. A government may, therefore, wish to enshrine the protection of its citizens. In specific legislation associates with the infrastructure program being contemplates as been created by the choices of English judges.
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