Keith Mack
Statutory law, also known as statutes, is the primary type of law used by the judicial system. Statutes are written laws that are created and passed by the legislative branch of the government. They can be looked up or located in databases or books and come in the form of bills or acts. While statutory law is different from common law and administrative law, both can become statutory law if they are officially written down and passed by a legislative body. Common law, on the other hand, is made by the courts and evolves over time through the rulings of presiding judges. It is used when there is no statute in place or when a judge feels that the existing law needs to be redefined. Changing statutory laws is a lengthy and complex process, and as a result, judges often need to exercise discretion in interpreting the law. This discretion, along with the ability to set precedents, allows judges to indirectly influence the evolution of statutory law.
| Characteristics | Values |
|---|---|
| Type of law | Statutory law is the primary type of law used by the judicial system |
| Creation | Created and passed by the legislative branch of the government |
| Common examples | Traffic violations, minimum legal drinking age |
| Sources | Databases, books, bills, acts |
| Changes | A long and involved process |
| Common law vs statutory law | Common law is made by the courts, whereas statutory law is made by the Parliament |
| Statutory law vs administrative law | Statutory law is different from administrative law, which is created by executive agencies to oversee agencies of the government |
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What You'll Learn
Common law vs. statutory law
There are two main types of law within the legal system: common law and statutory law. Both are essential components of the legal system and set a standard of acceptable behaviour and justice for citizens and their governments. However, they have different origins and applications.
Common Law
Common law, also known as "case law", is uncodified, meaning it is not compiled into rules and statutes. Instead, it relies on precedent. It is based on past judicial opinions and is developed by judges, courts, and similar tribunals. Over time, the decisions in individual cases establish precedents for future cases. For example, a common-law marriage recognizes that couples who meet certain conditions have the same rights as married couples. Common law helps promote a consistent interpretation of the law. Each precedent set by a higher court is legally binding in lower courts.
Statutory Law
Statutory law, also known as civil law, is the primary type of law used by the judicial system. It is based on current statutes (written laws) and is created and passed by the legislative branch of the government. Statutory law is codified and encompasses compiled legislation that has been passed on a local, state, or federal level. It is strict in its application and is not subject to the same interpretation as common law. In other words, a statute means exactly what it says. However, statutes are subject to being overturned or changed if a later legislative body finds them unconstitutional. Some statutes may even be designed to expire every few years. If the law is still necessary, it can be renewed after expiration. Common examples of statutory law include traffic violations, such as running a red light, and the minimum legal drinking age.
Changing Statutory Law
The process of passing a new statute can be long and involved. There is often a lot of back and forth regarding new amendments. Statutory lawyers need to be able to make a compelling argument for why the law should change, which requires a great deal of research. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to another body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
Over time, statutory laws may become outdated or obsolete with respect to societal changes. In such cases, judges have some discretion to exercise judgement regarding cases that are more open to interpretation. However, judges' decisions can be appealed.
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The role of judges in changing statutory law
Statutory law, also known as statutes, is the primary type of law used by the judicial system. It is created and passed by the legislative branch of the government. Statutes are written laws that are often codified and can be found in databases or books. They come in the form of bills or acts, such as traffic violations or the minimum legal drinking age. While statutory law is different from common law and administrative law, both common law and administrative law can become statutory law if they are officially written down and passed by a legislative body.
Judges play a crucial role in changing statutory law. Over time, statutory laws may become outdated or obsolete due to societal changes. Judges have the discretion to interpret and apply the law, filling in gaps where statutes may be lacking. If a judge believes that no statute covers a case before them, they can make a ruling based on their experience, setting a precedent that could later become a statute. Similarly, a judge may reinterpret an existing law, putting forward their interpretation, which creates a precedent for future cases. This can ultimately lead to the statute being changed.
The process of changing statutory law is lengthy and complex, and judges often need to exercise discretion in cases that are more open to interpretation. Their decisions can be appealed, and while they are not responsible for creating or passing laws, their rulings can influence the legislative process. Judges are also responsible for resolving disputes and determining the facts of a case, which can impact the application and interpretation of statutory law.
In the United States, the legislative, executive, and judicial branches operate within a system of checks and balances. While Congress passes federal laws, the judicial branch, including judges, has the authority to decide the constitutionality of these laws and resolve cases involving them. This means that judges play a crucial role in interpreting and enforcing statutory law, and their decisions can shape the legislative process and the development of statutory law over time.
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The process of changing statutory law
Statutory law, also known as statutes, is created and passed by the legislative branch of the government. Statutes are written laws that are often codified, numbered, collected, and indexed in one place. They are created by the legislative branch of the government and can be changed or amended. The process of changing statutory law typically involves the following steps:
Proposal for Change
The idea for a change to an existing law can come from a sitting member of the Senate or House of Representatives, be proposed during an election campaign, or be petitioned by citizen groups.
Once an idea for a change is proposed, a bill is introduced. A bill is a formal proposal for a new law or a change to an existing law. The bill is then assigned to a committee that will research, discuss, and make changes to it.
Voting on the Bill
After the committee has reviewed the bill, it is put before the chamber for a vote. If the bill passes in one body of Congress, it moves to the other body, where it goes through a similar process of research, discussion, changes, and voting.
Reconciliation and Passage
Once the bill passes in both bodies of Congress, any differences between the two versions must be reconciled. This involves working out a compromise or combining the two versions into a final bill. If the reconciled bill is accepted by both bodies, it is then sent to the President for approval.
Presidential Approval or Veto
The President can choose to sign and approve the bill, in which case it becomes a law. However, if the President vetoes the bill, Congress can vote to override the veto, and the bill can still become a law. If the President does not sign off on the bill and Congress is no longer in session, the bill is vetoed by default, which is called a pocket veto.
It's important to note that the process of changing statutory law can be long and involved, requiring patience and a compelling argument supported by thorough research.
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The legislative branch's role in statutory law
Statutory law, also known as statutes, is created and passed by the legislative branch of the government. In the United States, the legislative branch is the United States Congress, which consists of the House of Representatives and the Senate. Together, they are responsible for enacting legislation and possess the sole authority to make new laws or change existing ones.
The process of creating and changing statutory law typically begins with a bill, which is a proposal for a new law or a modification to an existing one. A bill can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during their election campaign. Additionally, citizens or citizen groups can petition their representatives for new or amended laws. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then presented to the chamber for a vote. If the bill passes in one body of Congress, it goes through a similar process in the other body. After passing through both houses, any differences between the two versions must be reconciled.
Once a bill is passed by both houses of Congress, it is sent to the President for approval. The President has the power to veto a bill, but Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives. If the President takes no action on a bill within 10 days while Congress is in session, the bill becomes law. However, if Congress adjourns before the 10 days are up and the President takes no action, the bill is effectively vetoed, and Congress must start the legislative process anew if they still want to pass the bill.
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Statutory law and the US Congress
Statutory law, also known as statutes, is the primary type of law used by the US judicial system. Statutes are written laws that are passed by the legislative branch of the government. They are created by members of the US Senate or House of Representatives, or can be proposed during their election campaigns. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress.
Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to repeat the process. Once both bodies vote to accept a bill, they must reconcile any differences between the two versions. If the bill passes both houses of Congress, it goes to the president, who may sign it into law or veto it. If the president chooses to veto, Congress can vote to override the veto, and the bill becomes a law.
Statutory law can be changed, but it is a long and slow process. Over time, statutes may become outdated or obsolete, and judges may need to exercise discretion in interpreting the law. Judges' decisions can be appealed, and their rulings can set precedents that may later become statutes. Common law, which is based on judge-made rulings, can become statutory law if it is officially written down and passed by a legislative body.
Statutory lawyers play a crucial role in creating laws in the US. They need to be able to make compelling arguments for why a law should be changed, backed by thorough research. The process of passing a new statute involves a lot of back and forth regarding new amendments, requiring patience and a passion for the law.
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Frequently asked questions
The process of changing statutory law is long and involved. It starts with a proposal for a new law or a change to an existing law, which can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by people or citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. If the bill is passed by both houses, it will usually be published according to its bill number in a publication called "Session Laws" or "Statutes at Large."
Statutory law, also known as statute or legislation, is created and passed by the legislative branch of the government. Common law, on the other hand, is made by the courts. While statutory law is written down, common law develops over time thanks to the rulings of presiding judges. If a judge feels that no statute covers the case in front of them, they will make a ruling based on their experience, setting a precedent that could later become a statute.
Common examples of statutory law include traffic violations like running a red light and the minimum legal drinking age of 21.
