What Is Common Law?

Common law is a legal system based on decisions made by judges and past court cases instead of solely by written laws created by lawmakers. It develops through court rulings in specific cases, which then act as examples that future cases must follow. 

This system helps ensure similar issues are handled in the same way while also being able to adjust to new situations over time. Common law plays an important role in the UK legal system, working together with written laws to offer a flexible and practical way to achieve justice.

Common Law: A Brief History

Common law has its roots in medieval England and has developed over many years as a system based on customs and court decisions instead of written laws. In the medieval period, judges travelled around the country to settle disputes. Over time, they began to make consistent decisions for similar cases. These decisions created a collection of precedents that formed a unified legal system, which soon began to be used throughout the country.

The term “common law” refers to the idea of having a shared legal system across the country that replaced local customs, which often varied greatly. This system spread to many countries, especially those in the Commonwealth, influencing their legal systems as well.

Today, it continues to evolve and respond to changes in society and judicial interpretation. While it works alongside statutory law (those created by Parliament), it still plays an important role in the UK’s legal system.

Principles of Common Law

Common law is based on ideas that promote fairness and consistency. One key idea is judicial precedent, where courts follow earlier decisions in similar cases. It helps people predict how it will apply in their situations.

Another essential principle is stare decisis, which means “to stand by things decided”. This principle ensures that lower courts follow the rulings of higher courts, creating a clear structure in the legal system. For instance, decisions made by the Supreme Court must be followed by lower courts, which helps maintain uniformity.

Common law also focuses on judicial interpretation. Judges look at statutes in the context of individual cases, allowing the law to change and adapt to current issues. This flexibility ensures that legal decisions reflect modern values and challenges.

The rule of law supports common law by promoting fairness and accountability. It makes sure that everyone is subject to it and that legal processes are clear and fair.

Also, common law champions the principle of the adversarial method, where two opposing sides can share their arguments and evidence in front of a neutral judge or jury, who then makes a decision. This method is meant to give both sides a fair chance to present their case, helping to keep the legal process fair and unbiased.

Together, these principles create a system that is both steady and adaptable, balancing the need for consistent rules with the ability to respond to new circumstances.

Common Law vs Statutory Law: What’s the Difference?

The key difference between common and statutory law lies in their sources. Common law is based on judicial decisions and precedents set by courts, while Parliament creates statutory law through legislation.

Common law develops gradually, case by case. Judges interpret the law for specific cases, and their decisions set a standard for future cases. It means they can change over time to address new situations that written laws might not cover.

Statutory law is more straightforward. It consists of written rules that are carefully passed by lawmakers, giving clear guidelines on specific issues. These take priority over common law, so if a written law conflicts with a judge’s decision, then written wins.

Advantages & Disadvantages of Common Law

Advantages

• Flexibility: Common law evolves through judicial decisions, allowing it to adapt to new societal changes and emerging issues. Judges can interpret laws to handle special or unexpected situations, which helps the legal system stay relevant.
• Consistency and Predictability: Judicial precedents establish a consistent approach, ensuring that similar cases are handled in the same way. It helps individuals and businesses anticipate legal outcomes and plan ahead, reducing uncertainty.
• Detailed Case Law: Common law includes a wealth of case law that explains the reasoning behind decisions. This provides useful guidance for future cases and helps create a clear understanding of how legal principles work.
• Judicial Expertise: Judges use their knowledge and experience to interpret laws, applying careful reasoning to complex cases. It ensures that decisions are well-informed and suited to specific situations.
• Fills Gaps in Legislation: When laws are unclear or silent on certain issues, common law can help to address those gaps. This means that legal disputes can still be resolved even without specific laws addressing them.

Disadvantages

• Complexity and Volume: The large amount of past court decisions can make common law difficult to understand, especially for those not trained in the field. Finding relevant cases and seeing how they apply to a situation can take a lot of time and effort.
• Potential for Inconsistency: Although common law tries to be consistent, different courts or regions might interpret the same statute or facts of a case in various ways, leading to conflicting decisions. It can create confusion until higher courts settle the disagreements.
• Slow Evolution: Since common law develops through individual cases, changes can happen slowly. Significant shifts may take years, especially if there aren’t any related cases from which to draw.
• Access Issues: Because common law often requires legal experts to make sense of complicated precedents, it can be less accessible for the average person. It may result in higher costs for individuals or businesses looking for legal guidance.
• Less Democratic: Unlike statutory, which is created by elected officials, common law is shaped by judges who are not directly accountable to or voted in by the public. This can raise concerns about fairness and representation in the legal system.

Frequently Asked Questions

What Is the Meaning of Common Law?

Common law is a legal system that relies on decisions made by judges in individual cases, known as “judicial precedents,” rather than solely on laws passed by Parliament. Judges interpret and apply the law to specific situations, and their rulings become binding for lower courts to follow. This process creates legal principles that guide future decisions and shape the system’s development.

What Is the Difference Between Common Law and Civil Law?

The UK mainly uses a common law system based on past court decisions. Some other European countries use civil law systems. Common law changes and develops through previous cases, while civil law relies more heavily on established codes, with previous cases playing a less significant role. Both systems have different functions but often exist within a country’s legal structure. 

Final Thoughts

Common law is a flexible legal system that changes based on court decisions and judges’ interpretations of the law. This ability to adapt helps it keep up with societal changes, but it also requires careful navigation in the courts. 

For personalised legal advice or help, contact Helix Law today.