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THE COMMON LAW

The English legal system possesses one remarkable feature - derived from the days of feudalism - which distinguished it from the legal systems of nearly all other countries in the world: an important part of the law has never been considered, debated or approved by any Parliament Many of the laws of England are contained not in Parliamentary statutes, but in all the reports of the cases decided by judges of the High Court, Court of Appeal and House of Lords.
The practice of recording the judgements of the royal judges is of ancient origin, having begun as far back as the reign of Edward I, and from the sixteenth century it became accepted that a decided case constituted an authoritative “precedent”, meaning that when one judge has decided a point of law, any judge who is subsequently confronted with a similar set of facts must apply the declared in the earlier judgement, even though he may personally think that the earlier case was wrongly decided. In this way the law was gradually built up, case by case, by generations of different judges. This vast tangled mass of reported cases stretching back to the days of Elizabeth 1 and even beyond, each being the authority for a single point of law, and some being inconsistent with others, is the famous English “common law”. Thus English law has been built through a combination of statute law and judge-made law, the latter being known as the common law.