The common law

Docs en anglais | 3 pages | 24-08-2006 | Format : | Note : Non noté |

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Résumé

English judges can influence the law by their interpretation of legislative Acts as is true in most countries. However, in a common law system, the power of judges goes beyond just the interpretation of the texts. Indeed, generally speaking, the common law is the law formulated by judges ruling in cases and that is a source of law which differentiates the British legal system from most others.

But there is not any single definition of the term ‘common law'. In fact, the definition of the common law really depends of the circumstances and has several meanings. It can be seen as the “law for all the land”, the law common to the whole of England. The term “common law” is also used to refer to the law made by the judges as opposed to the law made by Parliament, in other word case-law. But case-law is itself composed of two elements: “common law” and “equity”. The latter is also a judge-made law but differs from the common law in its principles and its origin. Finally, the term common law can be used in yet another sense, this time geographical, and means the English law as opposed to Roman civil law. Thus, the term “common law” embraces different meanings depending upon the context in which it is used ...

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