Sources of law in common law countries

Sources of law in common law countries

◦ Case law (as a primary source of law);
◦ legislation;
◦ Customs, conventions, royal prerogative, etc.
 In common law countries precedents exist separately as law
to be followed;

 In general, the decisions of a higher court are binding (i.e.
must be followed) upon all rower courts ('doctrine of
binding precedent');

 Decision which interpret legislation become a source of law
(as much as the law they interpret), thus, judges create new
law; the statute alone may be viewed as incomplete until it
has been interpreted.


Precedents have been characterized as being precise and flexible;
 Decision based on particular facts gives some assurance that in
subsequent indentical fact situation a similar conclusion will be
reached;

 Common law lawyers have become ecceptionally skillful at
distinguishing fact situations (in order to acquire different decision);

 The statute World not be able to include all these factual varioations
and possible solutions to them;

 In civil law countries precedents also have value since they may
provide assistance in determining how statutory laww is interpreted
(teaching function), but the courts do not need to follow earlier
decisions.