The term "common law", referring to the body of law made by the judiciary, is often distinguished from statutory law and regulations, which are laws adopted by the legislature and executive respectively. In legal systems that follow the common law, judicial precedent stands in contrast to and on equal footing with statutes. The other major legal system used by countries is the civil law, which codifies its legal principles into legal codes and does not treat judicial opinions as binding.
Supposing a judge in the past made a mistake, or was biased , or gave a bad judgement for any other reason , do later judges have to apply it today ? If so This seems to suggest that judges are infallible. Ard they ?
In true common law, there are no obligatory rules or precedents. Many have come to respect the thoughts and opinions of those who preceded them. Having respect does not mean to quit thinking.
Nonsense. In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.
British Constitution practices democracy through fictional citizen representation. British legal system doesn't have people representation. Therefore case law practied by British judiciary is not common law of the sovereign.
In your lecture you mentioned about judges who were the agents of sovereign king. They were consistent in decisions by referring to prior cases. That doesn't mean Common law is case law. Sovereign decree the law directly or through agencies. Therefore, common law is sovereign's law.
Common law isnt case law Common law/ natural law/gods law is no loss no harm no injury no fraud and be a good person. Anything made by man is not above common law because gods law is the law of the land
She is absolutely wrong. Again I will say if she was familiar with Blackstone she would know that what she said is not true. If you don’t believe me read Blackstone.
She takes one quote from Blackstone to prove her point and claims he was the expert. Blackstone also said in his commentaries that the slightly defect in the Common law had to be remedied by the legislature. If it was indeed judge made law this would not be the case.
