What Is English Common Law

The english common law system is the foundation of several systems of law throughout the world.

What is english common law. In another narrower sense common law is contrasted to the rules applied in english and american courts of equity and also to statute law. A standing expository difficulty is that whereas the united kingdom is a unitary state in international law it comprises three major and other minor legal systems those of england and wales scotland and northern ireland. The english common law from which americans borrowed heavily in the colonial period had evolved for centuries in england its principles and rules were extensive and complex and they varied by region and locality. English common law is currently the most widespread legal system in the world with about 30 percent of the world s population living under common law.

It really started to find its feet after the norman conquest of 1066 replacing local law with a law for the whole of england. The body of english law includes legislation common law and a host of other legal norms established by parliament the crown and the judiciary it is the fountain from which flowed nearly every facet of u s. In law common law also known as judicial precedent or judge made law or case law is the body of law created by judges and similar quasi judicial tribunals by virtue of being stated in written opinions. Common law is a term used to refer to law that is developed through decisions of the court rather than by relying solely on statutes or regulations.

Common law developed through practical experience over time and thus became distinguished from a legal code in which the law was summarized. Common law sometimes called case law or judge made law goes way back. Even today in the us some common law principles from the original english law are applicable while alongside it is the growing body of common law which is being set as a part of stare decisis i e. The judicial systems decisions and interpretation of statutory law provisions by judges are becoming a part of the common law.

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. In this lesson you will learn the history and definition of the english common law system. The defining characteristic of common law is that it arises as precedent in cases where the parties disagree on what the law is a common law court looks to past precedential decisions. Law during the eighteenth and nineteenth centuries.

Principal elements of english law.