Reformative Role of the Legislative Law in the Development of the Common Law Principles in England

Dr. Zafar Mohammed Al-Hajri
Assistant Professor – Saad Al-Abdullah Academy for Security Sciences – Kuwait

Abstract:

The English law, known as the common law, is a judicial law established on the precedents produced by the courts. The common law is the law school which derives its roots from the English legal heritage. Among its most prominent features is the reliance on judicial precedents as a binding source of legislation. This research aims to know the role of the legislative Law in the development of the common law in England. Therefore, the research will address the traditional view of the Anglo-Saxon system. Then, it will examine the extent to which the legislative Law replaces the common law doctrine and the extent to which legislative Law depends on the survival of judicial precedents principles. Finally, it will discuss the role of legislative Law in the development of judicial precedents. At the conclusion, it found that there is a strong relationship between legislative Law and common law, and that both depend on the other. However, at the present, there is no real framework within which this relationship can be established.

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