What is common law?

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 of Nations). In this sense common law stands in contrast to the legal system derived from civil law, now widespread in continental Europe and elsewhere. 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. Historically, the common-law system in England (applied to Wales since 1536) has directly influenced that in Ireland but only partially influenced the distinct legal system in Scotland, which is therefore, except as regards international matters, not covered in this article. The legal systems in the United Kingdom have, since 1973, experienced integration into the system of European Union law, which has direct effects upon the domestic law of its constituent states—the majority of which have domestic systems that have been influenced by the civil-law tradition and that cultivate a more purposive technique of legislative interpretation than has been customary in the English common law. The regime of human rights represented by the European Convention on Human Rights (1950) has exercised a similar influence in the United Kingdom since the passage by Parliament of the Human Rights Act 1998.

Accessed from Britannica.org

Related Articles

Future of E- Learning

The concept of traditional education has changed radically within the last couple of years. Being physically present in a classroom isn’t the only learning option…

Flaminio Costa v ENEL

Flaminio Costa v ENEL (1964) Case 6/64 Established the supremacy of European Community laws over the national laws of Member States. Facts The claimant, Costa,…

AG Securities v Vaughan

Facts AG Securities possessed a long lease of a four bedroom property which was rented to Vaughan and three other individuals. Each tenant signed individual…