what is the difference between common law and legislation?

Question

IN THE UK

Answer 1

Common law relies not only on legislation but the history of jurisprudence in the form of written judgments. You see Parliamentary Law is rather new, only three hundred or so years old. Before that the Law was Royal Decree.

Societies change all the time. In the United States which has common law but do not rely on it they have volumes of Federal or State Law and no oral contract. Everything is in writing. In British and Commonwealth tradition the law codes are shorter and broader in interpretation. Regulations and laws do not change with society quick enough.

In the British and Commonwealth justice systems judges are allowed a measure of independence to interpret law and employ law with the emergent mitigations or conditions of evidence. When the judgment is brought down, the judgment becomes part of the Common Law.

So its unlegislated judgments interfacing with legislated law that constitutes Common Law.

Answer 2

Common law under the English legal system is also known as "case law". This is the law that has been developed over centuries of decided cases. They form what are known as "legal precedents". A great deal of English contract law is based on common law.

Legislation is an enactment of parliament. Instead of decided cases shaping the law it is written as a document. A good example is the Theft Act 1968. It is true to the say the main bulk of UK law is now legislation.

Answer 3

Common law is what the man on the Clapham bus thinks it is. The man on the Clapham bus is defined as the average well informed citizen. This is the basis of precedent in the courts

Legislation are Acts of Parliament and subsidiary legislation authorised in the Act and brought in by the minister responsible. if Common Law and an Act of Parliament clash then the Act prevails

Answer 4

MaryW and gordc238 (above) are correct.

Common law is the collected body of interpretations and judicial precedents that form the foundation of binding and persuasive decisions used by the courts.

Legislation is enacted by the legislature (parliament at the national level). Legislation is prospective -- meaning it deals with future events and can be very general.

Common law is always retrospective, dealing with one specific case, but it can set precedents that apply later on for cases with a similar fact pattern.

Answer 5

Common law legal systems trace their roots to English law, dating back to the first few centuries of the Common Era. Common law systems are currently found in those nations which trace their legal heritage to England, particularly the United States and other remnants of the British Empire, i.e. the Commonwealth of Nations. It is notable for its inclusion of extensive non-statutory law reflecting precedent (stare decisis) derived from centuries of judgments by working jurists.

Perhaps the single most distinctive feature of the common law is that when there is no authoritative statement of the law, common law judges have the authority and duty to actually "make" law by creating precedent. Once an appellate court has ruled on a particular issue, when the facts of a case are similar, precedent tends to bind future decisions of the same appellate court, and binds all lower courts reviewed by that appellate court, until there is another authoritative statement of the law (e.g. by a legislature or higher court).

British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.

Answer 6

legislation [Act of Parliament] has been voted on by both the Houses of Parliament and the House of Lords

common law is "law of the land" first established by Henry II and comes from precedents set by judgments in cases - typical examples used are:
murder
breach of the peace
perverting the course of justice
common law wife [actually misnomer - it was made defunct by the marriage act of 1753]

Answer 7

Common law is accepted, based on historical precedence, but not necessarily codified and written; legislation is written law which is formally enacted.

Answer 8

common law is that when there is no authoritative statement of the law, common law judges have the authority and duty to actually "make" law by creating precedent.
Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage.

Answer 9

i don't know. go ask the priminister or something! Sheesh!

Answer 10

why thanks for this question! i did a bit of law at uni and should really know this! arrgghh shows what happens when you take a year out. thanks for making me reallise i need to get my books back out lol