Keith Mack
The English common law system, which originated in the early Middle Ages, has been exported worldwide and continues to influence legal traditions and principles in many countries. In the UK, English common law is the foundation and prime source of English law, although the most authoritative law is statutory legislation, comprising Acts of Parliament, regulations, and by-laws. Common law is deeply rooted in stare decisis, where courts follow precedents established by previous decisions, and it was \common\ because it applied across the whole country. The English Court of Common Pleas was established after the Magna Carta in 1215 to try lawsuits between commoners in which the monarch had no interest. Common law was historically administered in the king's courts, and the law developed in England's Court of Common Pleas and other common-law courts, which became the law of the colonies settled under the Crown of England.
| Characteristics | Values |
|---|---|
| Origin | The English common law originated in the early Middle Ages in the King's Court (Curia Regis) |
| Location | Westminster, near London |
| Nature of law | Procedural remedies, not substantive rights |
| Basis | Judicial decisions, custom, and precedent |
| Historical development | English common law was largely created after the Norman Conquest of 1066 |
| Historical influence | Influenced by Anglo-Saxon rules and local customs |
| Historical administration | Administered in the king's courts |
| Historical scope | Common to all the king's courts across England |
| Historical influence on modern systems | Influenced the legal traditions of English-speaking countries and common law jurisdictions |
| Modern influence | English decisions are usually persuasive in common law jurisdictions |
| Modern scope | Each jurisdiction has its own laws, court system, lawyers, and judges |
| Modern interaction with other laws | Interacts with constitutional law, statutory law, and regulatory law |
| Modern development | Judges can innovate only in certain narrowly defined areas |
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What You'll Learn
The Court of Common Pleas
The early development of case law in the 13th century has been traced to Bracton's "On the Laws and Customs of England", which led to the yearly compilations of court cases known as Year Books. These are considered the law reports of medieval England and are a principal source of knowledge for the developing legal doctrines and concepts of the time. The Year Books are known to have been published as early as 1268, the same year that Bracton died.
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Royal justices in Circuit courts
In medieval England, royal justices were judges with the power to hear pleas of the Crown. They were roving officials of the king, tasked with seeking out notorious robbers and murderers and bringing them to justice. The king dispensed justice, judging cases himself with the advice of his curia regis (Latin for "king's court"). However, he could delegate this power to others.
The Anglo-Norman legal system, which became known as common law, superseded Anglo-Saxon law in England following the Battle of Hastings in 1066. During the Late Medieval Period, English law was codified through judge-made laws and precedents created in the proceedings of Royal justices in the Circuit courts, dictated by the Eyres throughout the country. These courts evolved from the early medieval Itinerant courts.
The law was developed in England's Court of Common Pleas and other common law courts, which also became the law of the colonies initially settled under the Crown of England and later of the United Kingdom. The Court of Common Pleas was established after the Magna Carta in 1215 to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in the Great Hall of the king's Palace of Westminster, except during vacations between the four terms of the Legal Year.
The Royal Courts of Justice, commonly called the Law Courts, is a court building in Westminster that houses the High Court and Court of Appeal of England and Wales. The High Court also sits on circuit and in other major cities. Designed by George Edmund Street, the building is a large grey stone edifice in the Victorian Gothic Revival style built in the 1870s and opened by Queen Victoria in 1882. It is one of the largest courts in Europe and a Grade I listed building.
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Stare decisis
Common law is deeply rooted in the concept of stare decisis, which means "to stand by things decided" in Latin. This principle dictates that courts should adhere to precedents established by previous decisions when handling similar cases. In other words, judges are expected to follow the rulings and opinions of prior cases when deciding on new cases with similar facts or legal issues. This promotes consistency and predictability in the law, ensuring that similar cases are treated similarly and preventing arbitrary decision-making.
The doctrine of stare decisis operates both horizontally and vertically. Horizontal stare decisis refers to a court following its own precedent or the precedent of another court at the same appellate level. For example, if the Seventh Circuit Court of Appeals followed the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. While horizontal stare decisis is important, it is generally considered less controlling than vertical stare decisis.
Vertical stare decisis, on the other hand, involves a court applying precedent from a higher court. For instance, if a federal district court adhered to a previous ruling by the Supreme Court, that would be vertical stare decisis. The decisions of higher courts are typically binding on lower courts, and vertical stare decisis is deeply entrenched in legal systems that follow common law, such as the United States and England.
While stare decisis promotes consistency and predictability, it is not without its limitations. Judges are not bound by precedent in all circumstances, and there may be times when following precedent would lead to unjust outcomes. In such cases, judges may provide legal reasoning to deviate from or overturn prior rulings. This is particularly true in constitutional cases, where the interpretation and application of fundamental laws may evolve over time as societies change and develop.
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Medieval law reports
One notable example of medieval law reports is "Public Works in Medieval Law", edited by Cyril T. Flower and published in 1915. This two-volume work consists of cases extracted from Ancient Indictments and the coram rege rolls, focusing on local public works such as roads, bridges, and sewers during the reigns of Edward III and Richard II. The cases are presented in alphabetical order by county, offering a structured insight into the legal landscape of the time.
Another significant contribution to medieval law reports is George O. Sayles' "Select Cases in the Court of King's Bench". This work reproduces selected cases from the original plea rolls of the Court of King's Bench, spanning the years 1327 to 1422, covering the reigns of Edward III, Richard II, Henry IV, and Henry V. These cases offer a glimpse into the legal proceedings and decisions of the era, providing valuable historical context to the development of English law.
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Influence on the Commonwealth
English common law has had a significant influence on the legal systems of many Commonwealth countries. This influence stems from the historical export of English law to the colonies of the British Empire, which formed the basis of legal traditions and principles in these countries.
One notable example is the United States, where each state has its own supreme court with final appellate jurisdiction, resulting in the development of state common law. While the US has diverged significantly from English common law over time, certain states still reflect its influence in specific legal areas. For instance, in the context of intestate succession, nearly all American states protect the surviving spouse from disinheritance by securing them a fixed share of the decedent's estate.
Similarly, in Canada, certain provinces have homestead laws, which are also present in some American states. These laws protect a minimum sum of money or the family house from the claims of creditors. In the area of tort law, both Canada and the US have introduced reforms to allow claims by dependents of persons tortuously killed and to remove immunity for the government, charitable institutions, and the crown from such claims.
In Australia, one national common law exists, differing from the US system. After the colonial period, jurisdictions that had inherited English common law established their own supreme courts, moving away from the British Privy Council as their final appeal court.
Ghana is another example of a Commonwealth country that has embraced English common law in its modern-day constitution. Chapter four of Ghana's 1992 Constitution, entitled "The Laws of Ghana", lists the common law as one of the applicable laws in the state.
While the influence of English common law is evident in these Commonwealth countries, it is important to note that each country's legal system has evolved and diverged over time, incorporating unique developments and adaptations to suit their specific contexts.
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Frequently asked questions
The English common law is a legal system that originated in the early Middle Ages in the King's Court (Curia Regis). It was called “common” because it was the same throughout the country, as opposed to the diversity of regional or local law. It is deeply rooted in stare decisis, which means that courts follow precedents established by previous decisions.
The English common law came into existence in the 12th century with the legal reforms of King Henry II. It was further developed in the 13th century, with the early development of case law traced to Bracton's "On the Laws and Customs of England". The first extant Year Book, a compilation of court cases, was published in 1268.
The English common law was established in the King's Court (Curia Regis), which was a single royal court set up in Westminster, near London. The Court of Common Pleas, one of the permanent royal courts established by King Henry II, was also instrumental in developing the English common law.
