- The Concept of Common Law
The heart of English law is the Common Law system. In this system, law is shaped not only by acts passed by Parliament but also by the decisions made by superior courts.
- Precedent: A decision made by a higher court is binding on lower courts. In a similar case, a judge looks at “what has a higher court decided before?” rather than just “what does the statute say?”
- Unwritten Constitution: There is no single document called “The Constitution” in the United Kingdom. Instead, historical documents like the Magna Carta, Acts of Parliament, and judicial decisions form the constitutional order.
- Equity Law
Historically, Common Law rules could sometimes lead to rigid and unjust outcomes. To soften this rigidity, a system called Equity was developed.
- If strict legal rules lead to an outcome contrary to conscience, “equity” rules intervene.
- Although these two systems are unified today, distinct rights and remedies arising from the “Common Law” and “Equity” divide still exist in English law.
- Court Structure
The English judicial system has a hierarchical structure:
- Supreme Court: The highest court of appeal.
- Court of Appeal: Where decisions are reviewed on appeal.
- High Court / Crown Court: Courts where serious civil and criminal cases are heard.
- Magistrates’ Courts / County Courts: Handle smaller crimes and civil disputes.
Key Differences: English Law vs. Continental European Law (Civil Law)
| Feature | English Law (Common Law) | Continental Europe (Civil Law – e.g., Türkiye) |
|—|—|—|
| Source | Judicial decisions and traditions | Written laws and codes |
| Role of the Judge | Acts like a referee; parties present evidence | Acts as an investigator; seeks to find the truth |
| Codification | Minimal and scattered | Extensive (Civil Code, Penal Code, etc.) |
Why Is It Important?
Today, the vast majority of international commercial contracts are prepared subject to English Law due to its predictability and flexibility. If you are doing business globally, there is a 99% chance you will encounter this system.
Would you like me to provide more detailed information about a specific area of this system (e.g., criminal law or contract law)?
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