Importance Of Common Law
Common law is characterized by the predominant importance of the so-called case law, or law of judicial creation. Unlike” state law”, common law is continuously changing.
In fact Common law is made by the judges sitting in court. Judges are bound by the "rules above," when deciding a case they must apply the rule that a judge in a case identical, applied before them.
They can apply a different rule only if their "case" presents the facts "different" from that previously decided by other courts.
Legal rules are mostly "processed" by the judge in the analysis of the case. Common law guarantees that the law remain always the same thought out the Uk and Walles. Nevertheless is the supreme court and the court of Appeal that produces the legal precedent in relation to criminal matters in England and Wales.
Although the English legal system is founded on common law, that is not to say that statutes are any less binding. In fact,
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This is especially true when considering the interpretation of the rules of English law.
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