Cameron Miranda
Case law and statutory law are two distinct legal concepts that play a crucial role in shaping the legal landscape. Case law, also known as common law, is a body of law that emerges from judicial decisions and precedents rather than formal statutes or regulations. It evolves over time as courts interpret and apply the law to specific cases, setting precedents that guide future decisions. On the other hand, statutory law is created by legislative bodies through the enactment of statutes or codes. These laws are precisely written, leaving little room for interpretation, and are signed into effect by the executive branch of government. While case law is based on the decisions of judges, statutory law represents the will of the legislature and is a reflection of the societal norms and values of the time.
| Characteristics | Case Law |
|---|---|
| Creation | Judicial decisions |
| Basis | Precedents from previous cases |
| Applicability | Used to determine the applicability and limits of a law |
| Jurisdiction | Varies from one jurisdiction to another |
| Characteristics | Statutory Law |
| --- | --- |
| Creation | Legislative bodies |
| Basis | Written codes |
| Applicability | Applicable uniformly across the general public |
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What You'll Learn
Case law is created by a judicial body
Case law is established by courts, such as common law, and the interpretation of statutes and constitutions. In common law traditions, courts decide the law applicable to a case by interpreting statutes and applying precedents that record how and why previous cases have been decided. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret wider legal principles. The analysis, called ratio decidendi, then constitutes a precedent binding on other courts.
In the common law tradition, most courts are bound by their previous decisions in similar cases, according to the doctrine of stare decisis. This means that all lower courts should make decisions consistent with the previous decisions of higher courts. For example, in England, the High Court and the Court of Appeals are each bound by their previous decisions. However, since the Practice Statement of 1966, the UK Supreme Court can deviate from its earlier decisions, although it rarely does.
Case law is used to determine the actual applicability and limits of a law, not the creation of law, as in common law jurisdictions. It ensures consistency throughout the legal system, and that's why US Supreme Court cases are given so much attention. All lower courts must abide by the precedents set by the US Supreme Court, and these key decisions affect the rights of citizens for years to come.
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Statutory law is created by a legislative body
In the US, every federal statute starts as a bill, which can be drafted by the government, an individual member of the House of Commons, or the Senate. For a bill to become law, it must be passed in identical form by both legislative chambers: the House of Commons and the Senate. Once a bill has been adopted by the House, it is sent to the Senate, where it undergoes a similar legislative process: first reading, second reading, committee stage, report stage, and third reading. If the bill passes in the Senate without amendment, it proceeds to the next step, which is Royal Assent. Royal Assent is granted by a representative of the Crown, such as the Governor General. However, Royal Assent does not necessarily mean that the law is immediately effective. A statute can come into force on the date of Royal Assent, on a future date specified in the bill, or on a date determined by a proclamation or order.
The legislative process at the provincial and territorial levels is similar to the federal process, but with some key differences. Provincial and territorial legislatures are unicameral, meaning they have only one chamber. As a result, the legislative process is simpler, as a bill only needs to be passed by one legislative assembly. For example, in Ontario, a bill must go through the first reading, second reading, consideration in committee, report stage, third reading, Royal Assent, and then coming into force.
In summary, statutory law is created by legislative bodies through a process that involves drafting bills, passing them through legislative chambers, and obtaining Royal Assent. This process varies slightly between the federal, provincial, and territorial levels in jurisdictions like the US and Canada.
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Common law is made by judges
Common law, also known as case law, is made by judges. It refers to existing rulings and legal precedents set by the judicial branch of the government. In common law, courts interpret statutes and apply precedents that record how and why previous cases have been decided. Common law is independent of statutes and is not written down.
Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. The necessary analysis, called ratio decidendi, then constitutes a precedent binding on other courts. Further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding.
In common law systems, most courts are bound by their own previous decisions in similar cases. According to stare decisis, all lower courts should make decisions consistent with the previous decisions of higher courts. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions. However, since the Practice Statement of 1966, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although in practice, it rarely does.
Common law has practical applications in areas such as contract law and the law of torts. It operated as the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law.
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Royal Assent signifies the passage of a bill into law
Case law is established by the courts and refers to existing rulings and legal precedents set by the judicial branch of a government. It is used to determine the applicability and limits of a law and is an important tool for ensuring consistency throughout the legal system. On the other hand, statutory laws are those passed by legislative bodies such as Congress and state legislatures.
In the context of the UK, Royal Assent signifies the passage of a bill into law and is the final stage in the law-making process. Once a bill has been approved by both Houses of Parliament, it is ready to receive Royal Assent. This is when the King or Queen formally agrees to make the bill into an Act of Parliament. The Royal Assent has been an important part of the legislative process in the UK for centuries, with the monarch's signature being required for a bill to become law. While the monarch no longer physically signs the bill, they do sign Letters Patent or a Commission, which authorises Royal Commissioners to notify both Houses of Parliament that Royal Assent has been granted. This process is also observed in other Commonwealth realms and former British colonies, with some variations. For example, in Canada, the lieutenant governors may defer assent to the governor general, who has the authority to grant assent to federal bills.
The process of granting Royal Assent involves several steps. Once a bill has passed through both Houses of Parliament, it is sent to the monarch for approval. The monarch will review the bill and, if satisfied, will grant Royal Assent. This is typically done through the signing of Letters Patent or a Commission, as mentioned earlier. After Royal Assent is given, an announcement is made in both Houses of Parliament, and the bill officially becomes an Act of Parliament. The legislation within the bill may come into effect immediately or at a later date specified in the Act or by a commencement order from a government minister.
While the UK monarch has not withheld Royal Assent for a government-backed bill since 1708, there have been instances where governors in British colonies and former colonies have withheld assent acting on royal instructions. One notable example of this is mentioned in the US Declaration of Independence, where colonists expressed their grievances against King George III for refusing his assent to laws and forbidding governors from passing laws without his approval.
In conclusion, Royal Assent is a critical step in the legislative process in the UK and some other Commonwealth nations and former colonies. It represents the final stage in the passage of a bill into law, with the monarch's formal agreement transforming a bill into an Act of Parliament. While the monarch's role in granting assent has evolved over time, the Royal Assent remains a significant tradition that symbolises the collaboration between the legislative and monarchic institutions in these countries.
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Statutory laws are passed by legislative bodies
Statutory law is created by a legislative body, such as the US Congress or a state legislature. In the US, statutory laws are passed by legislative bodies such as Congress and state legislatures. These laws are also known as statutes or written laws.
The legislative process for passing a federal statute in the US begins with a bill, which can be drafted by the government, an individual member of the House of Commons, or the Senate. The bill is introduced in the chamber, and must be passed in identical form by both legislative chambers: the House of Commons and the Senate. Once a bill has been adopted by the House, it is sent to the Senate, where it undergoes a similar legislative process: first reading, second reading, committee stage, report stage, and third reading. If the bill is passed in the Senate without amendment, it proceeds to the next step of receiving Royal Assent. Royal Assent is granted by a representative of the Crown, such as the Governor General, and signifies the passage of a bill into law. However, it does not necessarily mean that the law comes into effect immediately. A statute can come into force on the date of Royal Assent, a future date specified in the bill, or a date determined by a proclamation or order.
The legislative process at the provincial and territorial levels is similar to the federal process, but with a key difference. While the federal legislature is bicameral with two chambers, the provincial and territorial legislatures are unicameral with only one chamber, making the legislative process simpler. For example, in Ontario, a bill only needs to receive passage in the Legislative Assembly of Ontario. The steps to pass a bill in a unicameral legislature are similar to those in the federal process, including first reading, second reading, committee stage, report stage, third reading, royal assent, and coming into force.
In addition to federal, provincial, and territorial legislatures, statutory laws can also be passed by other legislative bodies. For example, in the context of women's legal rights, the State of Maryland General Assembly has passed statutory laws. These legislative bodies play a crucial role in creating and shaping the legal framework within their respective jurisdictions.
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Frequently asked questions
Case law is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law is created by the courts. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents.
Statutory law is law established by an act of the legislature that is signed by the executive. For federal statutory law, the acts are passed by Congress and signed by the President of the United States.
Statutory law is created by a legislative body, such as a legislative branch.
