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Do judges make law in common law countries?

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2011-02-20 06:09:46
2011-02-20 06:09:46

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 the precedent may have been an outdated discriminatory decision based on the laws of that time - therefore they are able to make a ruling that will generate a new precedent.

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


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).


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.


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


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


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


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.


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


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.


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


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.


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.


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


Common law is the kind of law developed in England and most English-speaking countries, where principles of law are developed on a case-by-case basis by judges. "The judge applied the common law as first set down in an eighteenth century trespass suit." The phrase can also be used as an adjective: "The statute abrogates common law rights which have existed for centuries." A special usage of it as an adjective is in the phrase "common-law marriage" which is used to mean a marriage which is informal or which has not been legally solemnized, and which, curiously, has nothing to do with the common law.


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.


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.



No, a judge's opinion must be based on statutory law, common law, or case law.


No. They make decisions and some decisions are used to change law.


Similar but not the same.Case law is the law created by judges when deciding individual disputes or cases. It is non-statutory law. They are legal principles developed through the reported decisions of selected appellate and other courts which make new interpretations of the law which can be cited as precedents.Common law is the system of deciding cases that originated in England and latter adopted in the U.S.. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Common law changes over time.


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.


Yes, through interpreting and applying legal rules, through interpreting and applying constitutional documents, and through developing common law.


Judges do not "make" law - they interpret and rule on the laws that are passed by the Legislative Branch of government.


The common law system refers to laws that have been developed by judges. Their decisions go through court decisions, instead of the legislative process.



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