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Common law is the combined body of rulings by judges over what statutes mean and how they are enforced. The advantage is that courts are faster in making decisions than the legislature is in writing laws. The disadvantage is that people may or may not like the decisions.

In the late 1970s the U.S. Supreme Court decided that there could be no restrictions on abortion in the first three months of pregnancy. There are a number of people who agree with the decision in Roe v. Wade and a number of people who do not. In some places there have been attempts to change this, some who agree and some who don't. But in any event, it may take months or years for the legislature in a state to decide on a new law regarding abortion, while if a court decides on the validity of such a statute, it can issue a decision suspending the enforcement of the statute in days while the issue is tried, and a decision on whether the law is valid or not can come in weeks.

This applies not just in the U.S., but any place where judges decide how a law is enforced. It may be decided that a particular law does not apply to some circumstances while other countries may decide differently.

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Kathryne Hintz

Lvl 10
3y ago

What else can I help you with?