Essay Title: 

In interpreting Statutes and developing the Common Law, the judiciary are creating the law rather than simply acting as adjudicators.

March 24, 2016 | Author: | Posted in law, legal issues

Running Head : Common Law

In interpreting Statutes and developing the Common Law , the judiciary are creating the law rather than simply acting as adjudicators

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Table of Contents

Introduction 3

Connotions to Term 4

Theory of Legal Science 5

Judicial Rule 5

Conclusion 6

References 8


The common law is a system of law that prevails in England and in countries colonized by England . The name is derived from the medieval theory that the law administered by the king ‘s courts [banner_entry_middle]

represented the common custom of the realm , as opposed to the custom of local jurisdiction that was applied in local or manorial courts . In its early development common law was largely a product of three English courts – King ‘s Bench , Exchequer , and the Court of Common Pleas – which competed successfully against other courts for jurisdiction and developed a distinctive body of doctrine . The term common law is also used to mean the traditional , precedent-based element in the law of any common-law jurisdiction , as opposed to its statutory law or legislation and also to signify that part of the legal system that did not develop out of equity , maritime law , or other special branches of practice (Common Law – ENCYCLOPEDIA

Judicial practice of statutory interpretation was probably attributable to a shared sense of institutional enterprise between the judiciary and legislature . The point is not the familiar one that judges shared a substantive political agenda with legislators based on their common social and political background , a reality that in any event had begun to dissipate in the eighteenth century with the increasing representation of commercial classes in Parliament . Nor is it the point that judges could sometimes claim a privileged knowledge of the legislature ‘s specific substantive intent , based on participation in drafting legislation . The more fundamental point is that the shared institutional background of judges and lawyer-trained legislators derived from their membership and training in the Inns of Court and , in many instances , service as both judges and members of Parliament — had the effect of increasing the judge ‘s sense of institutional competence in working out the law , regardless of substantive impact . Judges simply thought of themselves as politically savvy

Sir William Blackstone said in his Commentaries on the Laws of England was to explain the decisions preserved in the record of the court . He indeed neatly described the whole system

And thus much for the first ground and chief corner stone of the laws of England , which is , general immemorial custom or common law , from time to time declared in the decisions of the courts of justice which decisions are preserved among our public records , explained in our reports , and digested for general use in the authoritative writings of the venerable sages of the law

Connotations to Term (Common Law

The common law forms a major part of the law of those countries of the world with a history as British territories or colonies . It is notable for its inclusion of extensive non-statutory law… [banner_entry_footer]

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