Common law and Statute law

What are the similarities and differences between common law (case law made by judges) and Statute Law made by parliment.

Any ideas??????

Reply 1

GreenMonstrosity

prospector60

What are the similarities and differences between common law (case law made by judges) and Statute Law made by parliment.

Any ideas??????

Similarities:
- Both Promulgated by recognised authorities and both binding

Differences:
- Case Law is instructive, elucidates legal principles, while Statute Law is far more prescriptive
- Case law operates at the procedural level and statute law applies at a substantive level.

all I can think of for now.

Reply 2

stevencharlton

prospector60

What are the similarities and differences between common law (case law made by judges) and Statute Law made by parliment.

Any ideas??????

Common law comes from the judiciary, and is subject to the rules of judicial precedent (although some judges such as Lord Denning didn't really bother about this). Statute law is made by parliament. The main difference between the two is the process by which they come about. Judicial precedent creates case law, but this is in violation of the principles that the judiciary are not allowed to create the law. Also Case law, is by its very nature the result of the process of statutory interpretation ( the golden rule is applied). Statute, by it's very nature is often broader in scope than case law. The draftsmen are trying to cover all bases, but its up to the judges to work it out for th specific situation at hand. For similiarities, your on your own, but I can recommend English Legal System, by Jefferson, as it has a good breakdown of all this stuff. Hope it helps.

Reply 3

prospector60

OP

1

THANKS a lot guys for your help guys.....really appretiate(sp) it!!! :smile:

Reply 4

house badger

7

stevencharlton

Common law comes from the judiciary, and is subject to the rules of judicial precedent (although some judges such as Lord Denning didn't really bother about this). Statute law is made by parliament. The main difference between the two is the process by which they come about. Judicial precedent creates case law, but this is in violation of the principles that the judiciary are not allowed to create the law.

Careful! Judicial precedent merely finds pre-existing law (according to one interpretation), the view that judges make law is a rival, and constitutionally far more controversial, but not necessarily right interpretation. There's a lot of writing on this subject.

stevencharlton

Also Case law, is by its very nature the result of the process of statutory interpretation ( the golden rule is applied).

As well as a process of examining various other sources in the hierarchy of norms. Take custom, other case law, European directives etc. Also the Golden Rule is one not the only possible rule, don't forget the possibility of purposive interpretation.

stevencharlton

Statute, by it's very nature is often broader in scope than case law. The draftsmen are trying to cover all bases, but its up to the judges to work it out for th specific situation at hand. For similiarities, your on your own, but I can recommend English Legal System, by Jefferson, as it has a good breakdown of all this stuff. Hope it helps.

The examples above aren't intended as criticisms of the above answer, it's no doubt very useful, but before you plunge in make sure you read around the subject and realise that usually there are at least to points of view. A lot of the theory in this areas ties in with constitutional theory so there is no doubt a lot to discuss.

Common law and Statute law

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