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Yes. Under a common law legal system judges make was is known as 'case law' ie. they can create a precedent for future decision when they rule on a case.

More often than not, judges' decisions go by precedent case law, ie. they have a look how previous judges have ruled in similar situations to guide their ruling. If there is no precedent then they will first look to the constitution as the highest law, then any relevant subordinate laws and making a ruling - this case would then become a precedent for future cases of a similar nature.

Judges will however, look at the societal changes that make have occurred since any precedents ie. the precedent may have been an outdated discriminatory decision based on the laws of that time - therefore they are able to make a ruling that will generate a new precedent.

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โˆ™ 2011-02-20 06:09:46
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Q: Do judges make law in common law countries?
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Related questions

Do judges legislate?

Depends on the legal system they operate in. Judges cannot legislate since they are part of a different branch of power (judiciary, not legislature). However, Courts decisions are part of the legislature in common law countries, whereas they are not in civil law countries.


Should judges make law?

No a Judges job is to interpret and administer the law.


Who makes the laws in Canada?

Legislation - In Canada laws are made at the federal level by Parliament and at the provincial levels by the provincial legislatures. There is a process involved which carries what is called a Bill (or a proposed law) into force when it receives Royal Assent, or on a day specified in the legislation, or upon proclamation. Common Law - Law is also created in Canada, and throughout out the common law countries of the world, by judges. Common law is judge made law. When a judge makes a decision in a case, it becomes a binding precedent which other judges must follow if faced with the same issue. However, the law, as with most things, changes in time too. So, what is law today could change tomorrow, or next week, or in 20 years, etc.. Therefore, in Canada, the elected officials make law (legislation, or written laws), and judges make law (common law).


Do civil law judges to make law?

no


What source of law is established by judges in the court system?

Common law.


What is law made by judges through court decisions called?

Law made by judges through court decisions is called common law; law made by legislature is called enacted law. If a government codifies common law, it then becomes enacted law.


What are laws made by decisions of judges?

Common law


What is an english common law?

Common law, also known as case law or precedent, is law developed by judges through decisions of courts and similar tribunals.


How do common law and statutory law differ?

Statutory law comes from statutes that are passed from PARLIAMENT where as common law is the law that is made by Judges in COURT based on the concept of precedent.


How did common law develop in England?

Common law is judge made law. Judges made rulings about certain decisions that became standard, or common. It makes the law more standardized and predictable.


What are the salient differences between English Common Law and the Napoleonic Code?

The Napoleonic code was an effort to put together texts of law redacted in the clearest way possible in order to make it accessible to all citizen. The main difference with English Common Law is that in civil law jurisdictions judicial precedent is given relatively less weight, and scholarly literature is given relatively more. The Napoleonic code expressly forbade French judges from pronouncing the law. This the legal tradition that prevails in, or is combined with common law in, almost all non-Islamic, non-common law countries.


The common law of the past that is based on a decision made by judges is called?

Law that is formed by a serious of prior court decisions is known as common law or case law.


What kind of laws arose from judges' decision?

The common law


What kind of laws arose from judges' decisions?

The common law


Purpose of common law and statutory law?

Common Law is law made by judges; Statutory Law is made by legislatures. Common Law: Early in England's history, judges had to decide legal cases according to what they felt the "common person" would think was right. To find this out, the judges followed the customs and the common beliefs of the people of the community. In deciding a particular case, the judge would look to previously decided cases ("precedents") with the similar issues and facts. The earlier decision was given priority and closely followed by the subsequent judges in making decisions on cases at hand. When several number of judges have decided the same kind of case, the decision becomes the "common law." It could only be changed when the customs and beliefs of the community changed. Statutory Law: Statutory law is made by the legislature. Most legislatures consider passing new laws that are applicable to new and emerging problems. Thus, the job of the judge is to apply both the "common law" and the "statutory law" to the case at hand.


Is the common law made and applied by judges as they decide cases not governed by statutes or other types of law?

By and large, this is the definition of the common law. However, there are parts of common law that are crated when judges decide cases for which statutes or other types of laws are unclear, but may be within the ambit of those statutes or laws.


Case law refers to?

Case law refers to common law. It is a law that is made by judges through the decision of the court.


How does common law differ from Roman law?

Common law refers to law developed by judges through decisions of courts that are called precedent. Roman law, or civil law, differs from common law in that it is based solely on a legal code instead of precedent.


What are laws based on common sense and judges previous decisions?

Common law and case law is derived from previous decisions. There is no law based simply on common sense.


Customary laws that develop from judges decisions?

Common law. Common law is not as binding as statutory law and can be overturned by a higher court or a later court.


Difference between common law and civil law?

In Common Law, judges are required to comply with precedents - rulings from previous cases - as well as with statutes (law that was made by the government). This means that some "laws" are created by judges, and these "fill in the gaps" of statute law. In Civil Law, judges interpret statutes and precedents are advisory only (but still pretty influential). In Common Law, trials use the adverserial method. These means that two lawyers take it in turns to present their case to a neutral judge, who will eventually decide which case is the most convincing. In Civil Law, the judge dominates the trial (but lawyers are still there to persuade him) and may well make his opinion known throughout the trial.


How do statutory law and common law relate?

Common law is based on past history. Statutory law has been passed by the law creating body, usually a legislature. Statutory law overrules common law. If there is no law on the books, judges will look at history to determine what the ruling or definition should be.


A judges view of law if of little importance in a common legal system?

True


System of law based on previous court decisions?

Common law, made by judges --- based on certain principles.


What is the relationship between common and statute law?

Common law is based on precedents set in cases by judges etc. It is also based on traditions and changes over time. The US is a common law country. Statute law is based on written legal law.