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Common Law is a legal system that originated in medieval England and forms the bedrock of the legal systems in many English-speaking countries across the globe. Common Law is rooted in judicial decisions, customs, and precedent, as opposed to codified statutes. It is marked by its adaptability, reliance on precedent, and the role of judges in shaping the law through their rulings.
	'''Common law''' is law developed through court decisions, legal reasoning and precedent. It is one of the main foundations of the legal systems of England and Wales and many other jurisdictions influenced by English law.

== Historical Origins ==
Common Law emerged in England during the medieval period as a response to the need for a consistent and predictable legal system. Before the establishment of Common Law, legal rules were often vague and applied differently in various regions. The king's courts, led by royal judges, sought to establish a uniform body of law that would be applicable throughout the realm.
	In the United Kingdom, common law exists alongside legislation made by Parliament. It is not superior to Acts of Parliament. UK Parliament describes parliamentary sovereignty as the principle that Parliament can create or end any law and that courts generally cannot overrule legislation.

== Principles of Common Law ==
	== Meaning ==
	Common law is often contrasted with statute law. Statute law is written legislation passed by a legislature. Common law develops through decided cases, especially decisions of senior courts that lower courts must follow.

=== Precedent ===
One of the defining characteristics of Common Law is the principle of precedent, often referred to as stare decisis. This implies that decisions made by higher courts serve as binding authority for lower courts in analogous cases. Precedent helps ensure consistency and predictability in the application of the law.
	The Courts and Tribunals Judiciary explains that the UK constitution is found in statutes passed by Parliament and in common law developed over centuries in court decisions. Common law therefore remains part of the legal system even in areas now heavily governed by Acts and regulations.

=== Case Law ===
Common Law is predominantly developed through case law, which comprises judgments delivered by judges in specific cases. These judgments, along with the rationale behind them, become integral to the legal framework and guide future interpretations and verdicts.
	== Precedent ==
	Precedent is the method by which earlier decisions guide later cases. The University of Oxford Faculty of Law describes case law as a source of law through the doctrine of precedent, where a court is bound by decisions of a court above it and, usually, by courts of equivalent standing.

=== Custom and Tradition ===
Common Law encompasses well-established customs and traditions that have been recognised and embraced by the legal fraternity. Customary practices and norms contribute to the evolution of legal principles.
	The important part of a case is the legal reason for the decision, often called the ratio decidendi. Statements that are not necessary for the decision may still be persuasive, but they are not binding in the same way.

=== Flexibility and Adaptability ===
Common Law is renowned for its capacity to adapt to changing circumstances and evolving societal norms. Judges possess the authority to interpret and apply the law in a manner that is pertinent to contemporary issues.
	== Relationship With Statute ==
	Common law fills gaps, develops principles and helps interpret legislation. Where Parliament has enacted clear legislation, courts apply it. Where wording is uncertain, courts may interpret it using recognised legal methods and previous authorities.

== Key Concepts and Terms ==
	The relationship matters in practice. A common law principle may be changed or replaced by statute. A statute may also preserve common law ideas or use terms that already have a common law meaning.

=== Tort Law ===
Common Law encompasses a substantial body of law pertaining to torts, which are civil wrongs that lead to harm or injury to individuals or their property. Tort law covers areas such as negligence, intentional torts, and strict liability.
	== Areas of Influence ==
	Common law is especially important in contract, tort, equity, criminal procedure, judicial review, evidence and constitutional principles. Some areas now have extensive statutory frameworks, but older common law ideas still influence interpretation and remedies.

=== Contract Law ===
The principles of contract law, governing agreements between parties, are a fundamental aspect of Common Law. Contract law ensures that parties uphold their obligations and responsibilities under legally binding agreements.
	In criminal law, many offences are statutory, but common law remains relevant to interpretation, defences, contempt of court and some residual offences. In civil law, negligence, nuisance, contract interpretation and equitable remedies still depend heavily on case law.

=== Criminal Law ===
Common Law plays a pivotal role in criminal law, setting out legal definitions of crimes, penalties, and trial procedures. Criminal cases are prosecuted by the state, and guilt is ascertained based on evidence presented in court.
	== Common Law Jurisdictions ==
	Common law systems developed from English legal history and were exported through the British Empire. Modern common law jurisdictions include England and Wales, Northern Ireland, the Republic of Ireland, the United States, Canada, Australia and New Zealand, though each has its own constitution, statutes, courts and local legal development.

=== Property Law ===
Property rights and ownership are also regulated by Common Law principles. The law determines how property can be acquired, transferred, and safeguarded.
	Scotland is a mixed legal system with its own history. It has common law elements, especially in criminal law, but it is not simply the same system as England and Wales.

=== Family Law ===
Family law matters, encompassing marriage, divorce, child custody, and inheritance, are addressed within the framework of Common Law.
	== Practical Examples ==
	=== Negligence ===
	A negligence claim is built around duties, breach, causation and loss. Legislation may affect particular sectors, but the core principles have been developed through case law.

== International Influence ==
Common Law has significantly influenced legal systems worldwide, particularly in countries that were formerly part of the British Empire. Many former colonies and territories adopted aspects of Common Law, often blending them with local customs and traditions.
	=== Interpreting an Act ===
	A court applying a statute may rely on previous judgments about similar wording. The result is not judges replacing Parliament, but courts deciding how the enacted words apply to real disputes.

== Modern Application ==
Common Law continues to wield substantial influence in the legal systems of countries such as the United Kingdom, the United States, Canada, Australia, and others. While these nations have codified statutes, Common Law principles remain pivotal in interpreting and applying the law.
	=== Binding and Persuasive Authority ===
	A decision of the UK Supreme Court is normally binding on lower courts in England and Wales. A decision from another common law country may be persuasive, but it is not binding merely because that country also uses common law.

== See Also ==	== See Also ==

* [[Case Law]]
	* [[Case_Law]]
* [[Precedent]]	* [[Precedent]]
* [[Legal System]]
	* [[Human_Rights]]
	* [[Housing_Act_1988]]

	== References ==
	* [https://www.judiciary.uk/about-the-judiciary/our-justice-system/jud-acc-ind/justice-sys-and-constitution/ Courts and Tribunals Judiciary: The justice system and the constitution]
	* [https://www.parliament.uk/about/how/role/sovereignty/ UK Parliament: Parliamentary sovereignty]
	* [https://www.law.ox.ac.uk/legal-research-and-mooting-skills-programme/law-reports University of Oxford Faculty of Law: Law reports and the doctrine of precedent]
	* [https://www.supremecourt.uk/uploads/time_present_and_time_past_lord_reed_lecture_24bf77f186.pdf UK Supreme Court: Legal development and legal tradition in the common law]

	[[Category:Law]]
	[[Category:Legal systems]]