Question

What is the Common Law? What are the strengths of the Common Law System?

Answer 1

Common law is a group of unwritten laws dependent on legitimate points of reference set up by the courts. common law impacts the dynamic procedure in abnormal situations where the result can't be resolved dependent on existing rules or composed standards of law.

Common law refers to the law made by judges and not the parliament. It's fundamentally that law that grows naturally at the appropriate time and depends on the acknowledged shared qualities and customs of society.

As judges think about both lawbreaker and common issues, they settle on educated choices, create points of reference, and convey decisions. At the point when every one of these things are taken together, they comprise Common law.

There con be five major strengths of common law:-

1) Specificity

Common law explains, develops, and actualizes Decision. Demonstrations of parliament wording are regularly nonexclusive and expansive, giving just general and broad idea on the law. The attention isn't on how the law should function in certain particular circumstances. Judges assume a job in like manner laws by analyzing explicit realities for each situation, managing the law in accordance with discoveries, and analyzing significant legislation.

2)Consistency

Common law applies all the more viably in many parts since it gives consistency and strength in the lawful framework. The gatherings associated with hearings and preliminaries takes care of the fact that the choices made depend entirely on point of reference and not self-assertive judgment or individual perspectives. Senior appointed authorities in higher courts are the ones that create points of reference, and that gives them experience.

3)Unanticipated cases

Common law can react to cases, realities, and circumstances that were not envisioned or anticipated by officials simply like on the point about particulars. It's difficult for parliament to enact for every conceivable issue, condition or activity that can emerge in a general public. Common law can create and inspect reactions to circumstances, in actuality.

4)Political Independence

Courts and judges are not controlled by heated up governmental issues contrasted with their partners in the administrative. Because of this, disliked or disputable law changes can be implemented by the courts regardless of whether those equivalent changes would harm or influence the odds of re-appointment of the current regime if they were executed by the Parliament. hence it can be said that Common laws aren't influence by political pressure groups.

5)Speed and Efficiency

Common laws are progressively adaptable, quicker, and more responsive than parliamentary law. Regularly, customary law responds and reacts quickly to network desire, changing social qualities, etc. Institutional law change bodies or parliament years so that to choose between changing needs, courts and judges on the other hand can do it while as yet surveying one case. Since the courts are not limited by procedural and political imperatives of any administrative procedure, they can, in this way, accomplish law change quicker.