What Is English Common Law And What Are Its Ties To Our Criminal Justice System

Common law is a term in law that traces its origins back to england and was introduced in the 12th century.

What is english common law and what are its ties to our criminal justice system. Although the common law has historically been the foundation and prime source of english law the most authoritative law is statutory legislation which comprises acts of parliament regulations and by laws in the absence of any statutory law the common law with its principle of stare decisis forms the residual source of law based on judicial decisions. The law of scotland is not a pure common law system but a mixed system. 1 2 33 prior to the enactment of the application of the english law act cap 7a 1994 rev ed the second charter of justice provided the legal basis for the general reception of the principles and rules of english common law and equity and pre 1826 english statutes only those of general application into singapore. Common law also called anglo american law the body of customary law based upon judicial decisions and embodied in reports of decided cases that has been administered by the common law courts of england since the middle ages from it has evolved the type of legal system now found also in the united states and in most of the member states of the commonwealth formerly the british commonwealth.

At present as a result of eu legislation many modern laws are applicable across the whole united kingdom of great britain and northern ireland but there can be differences for example in property law where the law of scotland resembles civil systems more than. In a combination system private cases are judged in civil courts. Common law sometimes called case law or judge made law goes way back. The common law system is based on precedents and case law is therefore a vital source of law.

In many countries the justice system combines elements of civil law private cases which was handed down from roman law and common law which developed in england. It really started to find its feet after the norman conquest of 1066 replacing local law with a law for the whole of england. In this context common law refers to laws that have been created by the judiciary through the decisions in the cases they have heard and decided on. England and wales is a common law system meaning that many of our most.

The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia. Common law refers to a legal system that depends on previous rulings or precedents to. Principal elements of english law. However cases involving crimes against society criminal law are tried in criminal courts where decisions are based on precedents.

In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia. This law shows many similarities to roman dutch law.