To the fluid manner in which judges are able to interpret the law using their knowledge of legal precedent, applying common sense, as critically considering the critical facts of the case they are hearing. Judges create common law by delivering written judgments on the cases that have been brought before them. If magistrates’ courts across both Wales and England were to be allowed to follow and make their own precedents, this would have the effect of creating relatively huge variations in both the regional and local legal customs in the two countries (Gearey, Morrison and Jago, 2013).
The common law works to ensure that the law remains common throughout the land. However, it is the responsibility of the House of Lords and the criminal division of the Court of Appeal to create legal precedents in relation to criminal matters affecting Wales and England. It is the decision that is made by these higher courts that works to bind the lower courts. At times, new situations occur that are found to be entirely new in relation to common law. In such instances, courts in England and Wales can sometimes opt to look aboard at the decisions of the courts made in other commonwealth countries in order to seek the necessary guidance or from them.
This allows for common law systems to have a degree of flexibility and stability as they continue to look to each other for guidance (Gearey, Morrison and Jago, 2013). Although the English legal system is primarily founded n common law, this does not necessarily mean that statutes are any less binding. In fact, the relationship between the statute and common law is that that statute law codifies certain rules whereas the common law serves to provide clarification and interpretations when facts pertaining to instant cases are applied to codified law.
The common law helps to keep statute law up to date and in keeping with the modern problems and solutions. It also helps to aids in the creation of precedent where there currently exists no statutory codification. Statutes are effectively superior to common law.
Please type your essay title, choose your document type, enter your email and we send you essay samples