HOW DOES COMMON LAW PLAY AN IMPORTANT ROLE IN A SOCIETY?

COMMON LAW

First of all, a citizen needs to understand “what is common law?”, After that, he or she will be able to completely appreciate what part it plays in our society. An unwritten regulation founded on judicial precedents is known as common regulation. In unusual cases where the outcome cannot be determined by current regulations or written enactment regulations, the decision-making process is guided by non-statutory enactment. To make sure the innocent get their constitutional rights and freedom, and the guilty get the proper penalty or punishment that the judge has determined for them. The major reason for the legislation being in place is to stop the spread of crime and maintain proper legislation and order in society for everyone to live peacefully and without any insecurities.

Many countries, including Australia, Canada, Hong Kong, India, New Zealand, and the United Kingdom, follow common legislation. Jurisprudence, or non-statutory legislation, is a set of unwritten legislation based on court precedents. The objective of precedent, as opposed to civil legislation, is to generate consistent conclusions by applying the same definition rules. In other circumstances, precedent is determined by the case-by-case methods of individual jurisdictions. As a result, precedent elements can differ from one district to the next. These are the things you need to keep in mind when writing a law dissertation.

TYPES OF COMMON LAW

There are two types of common law they are given below: -

1. GENERAL COMMON LAW: Arising from the courts' traditional and inherent authority to define what the legislation, even in the absence of a statutory or regulatory basis Most criminal legislation and procedural legislation before the twentieth century, as well as most contract regulation and tort law today, are examples.
2. INTERSTITIAL COMMON LAW: Other bodies' fine lines and distinctions in legislation are assessed, interpreted, and determined by court rulings. This body of precedent, also known as "interstitial common law," encompasses judicial interpretation of the Constitution, legislative statutes, and agency regulations, as well as the application of legislation to specific facts.

OBJECTIVES OF LAW

You can mention the objectives of enactment in a law essay to help you. regulation must achieve several critical goals, but the following are four of the most important: 

1. Laws safeguard individual liberty and rights. Individuals are protected by the regulations against other people, organizations, and even the government. The enactmentforbids the government from enacting any legislation that restricts an individual's right to free speech. Based on the definition of free speech, there are a few exceptions.
2. Laws give a framework and set of rules to assist in the resolution of specific conflicts. Individuals have the legal right to present their disputes to an unbiased fact-finder, such as a judge or jury. Alternative dispute resolution, for example, is a legal process in which parties collaborate to find a settlement (ADR). Courts exist at all levels of government, from local to federal, to determine who should be the winner of a dispute.
3. There would be no way to create standards without legislation. Murder and theft are obvious crimes, but regulations also build a framework for a number of other practices. If the Federal Code of Regulations did not exist, it would be difficult for individuals and enterprises to transact business with banks. Federal regulations provide enforceable norms and protections in the fields of taxation, corporate transactions, employment legislation, insurance, and other critical industries.
4. Laws aid in the maintenance of social order. What would society be like if there was no rule of regulation? Because there would be no police or army, you may need to supply your own security. If you don't have access to federal banking protections, you may have to find other ways to acquire what you couldn't provide for yourself. regulations are structured and organized in such a way that they bring order and predictability. Individuals may feel safe, resulting in broader social structures and more productivity.

COMMON LAW ROLE IN SOCIETY:-

The United Kingdom's constitution relies heavily on common law. Common regulation, sometimes known as 'Judge made law,' is a body of regulation derived from precedents established in past court decisions. As a result, precedent evolves, changing and developing as society does.

The precedent is inferior to the regulation of statutes. This is due to the theory of parliamentary sovereignty in the United Kingdom, which states that no one can override Parliament. This means that any regulation passed by Parliament (known as a Statute) takes precedence over any Common regulation decisions. A system of Statute regulation, on the other hand, cannot function well without non-statutory enactment. This is because Parliament cannot anticipate every possible outcome and impact of any regulation it passes. As a result, non-statutory Law 'must fill in the gaps' in Statute enactment.

There are unquestionably issues with non-statutory regulation. It is based on judges' rulings, which are not elected and thus not accountable to the people. A common issue is that judges come from a largely conservative background, with many being Oxbridge educated, imbuing court rulings with a conservative political predisposition. It is, nevertheless, a necessary component of the UK constitution's proper operation and the maintenance of the Rule of regulation.

CONCLUSION:

These are all the things that you need to comprehend to write the finest enactment essay that will assist you in getting a distinction. We can also assist you as we are one of the best law dissertation and content providers in the UK.