The Common Law Part I: What is Common Law and What Role Did it Play in England? [No. 86] 

Thank you so much for this video!

Howard Stern looks different than I thought he would.

It’s not “was” or “had”. You should be using present tense as it still stands today under our bill of rights for England

Thanks 🙌🏾

common law is still available, this man is one of "them"

The English "common law" system must be viewed in light of the government being a monarchy and so the phrase, "judge made law" would only apply to the English system of the "common law". In the United States the "common law" is under the Constitutional Democratic Republic, where the People are the Sovereign. The Judiciary being a member of the representative government, is to be subject to the Sovereign just as the other branches are. The doctrine of Judicial Supremacy, as put forward by Joseph Story in 1833, the idea that only the judiciary has the power to decide when a law is just, constitutional, and legitimate, goes against the concept and procedure of "common law" of the United States and usurps the Sovereign right of the People to decide when their servant has exceeded the delegated powers. A better way to describe the idea of "common law" for the United States would be "jury made law", precedent, rather than saying Judge made law. The jury, is to be the seat of the tribunal, having the power to judge both law and fact. The modern court system proceeding under Judicial supremacy, the magistrate has assumed the mantle of the tribunal and left only the judgement of fact to the jury. There is an inherent conflict of interest when the government, the Judiciary branch, claims sole authority in determining the constitutionality and legitimacy of laws enacted by the government. The fundamental key difference is, in whom is Sovereignty vested? Can a thing created, truly dictate to the creator, what the limits of power are of that which was created? By using the doctrine of Judicial Supremacy as a foundation for "judge made law" we create a breach in the barrier of separation of powers as the judiciary has now usurped the power of the legislative branch. When the mantle of the tribunal remains upon the people, impaneled as a jury, no such breach occurs. All political power is vested in the Sovereign, The power to legislate, execute, and judge, this is why these tasks may be delegated to representatives who act in the name of the Sovereign, the Sovereign always retaining the power to take up the mantle to correct the servant when they exceed their delegated powers. Therefore, the People being the sovereign, Jury made law by precedent, would truly reflect the principal of common law in the United States.

thx dude

hey i do A-level politics, im struggling to understand what common law actually is? - could someone dumb it down and tell me

Common law is still the law.

Why can I not save this 🤔

no eyes... they all have no eyes

The people had some control over law by the jury system when you sit as twelve you are not only sitting in judgment on the person that has fallen foul of the law but the law itself! This power of the common people and that’s why the powerful what trial by jury gone!!! If the jury’s keep coming up with not guilty over and over again the law is dead!!!🏴󠁧󠁢󠁥󠁮󠁧󠁿✝️☦️🇦🇺

Wrong description of common law. It's law of sovereign.

So much false misleading information here.

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I thought this would be about english common law ? far too americAAn for me !

It is not judge ruled it is jury ruled.

The de jur true republic..that was spun off.. sui juri...few duscuss, which was a system of the people individually, where mob rule, did not exist. It was a system that brought in more wealth, from what i got out of it all. Where each single one had individual rights.

Nollocks

Doesn't explain what common law is.

Common Law is the law of the land or 'natural law' and ultimately rest with the people not parliament which is the legislator and no the Magna Carta established English subjects as their own sovereigns democracy is government by trial by jury not voting rights or 'suferage'.

0:17 people of America brought with them? What? Where did the Americans go? You mean the Indians made common law? I thought common law was British?

Bollocks

parliament has ultimate control over the common law, in england if you insult che institution you’re insulting the whole popolation, in america freedom of speech and difamation rules are almost absent for the sake of freedom

The government does not rule over common law, the people do. The people are the highest and the common law is the will of the people and all laws for common law come about through the jury that is the real judge. This guy doesn't know what he is talking about. Talking from legal standing and not common law. Long live common law and do away with admiral/law of the sea/strawman. freedom to the people.

Go to commonlawcourt.com.Explain none of this BS