RECONSIDERING THE COMMON LAW SYSTEM AS A LAW FROM LONG-STANDING CUSTOMS AND TRADITIONS: ENGLISH LAW

Authors : Mustafa ÇAKIR

Pages : 1-16

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Publication Date : 2020-06-20

Article Type : Research Paper

Abstract :Common Law is a legal system based on customs and judicial decisions rather than enacted statutes. There is, however, one discrepancy between American law and English law, both of which are adopters of the common law. The point is that judges in the United Kingdom insert ignore into journalissuearticles values(Hereinafter UK); cannot merely declare an act or a statute established by the sovereign parliament as unconstitutional because there is no constitution in English law. The role of judges in the UK is to interpret bills introduced by the parliament since all the situations and facts can not be covered by the bills in question. Interpreting laws and giving sense to the work of the parliament is very important in English law because the acts is like wider theories that may not always fit into a practice. In this study, the origin of common law and its raison d’être, English court system, hierarchy of law and the statutory interpretation will be analysed.
Keywords : Common Law, Judicial decisions