What is the essence of English common law?

Study for the MCAP Government Comprehensive Test with flashcards and multiple choice questions. Each question includes hints and explanations to prepare you thoroughly.

The essence of English common law lies in its foundation on legal precedents and judicial decisions. This legal system emerged from judicial rulings and customs rather than from statutory laws alone. Judges play a critical role in interpreting laws and setting precedents that future cases may follow. This principle of stare decisis, meaning "to stand by things decided," underscores the importance of past judgments in shaping the law, allowing for consistency and predictability in legal outcomes.

By relying on judicial decisions, common law evolves over time, adapting to new circumstances and societal changes through the judiciary rather than requiring legislative updates. This contrasts with systems where laws are primarily dictated by legislative bodies or where public opinion alone may influence legal standards. Additionally, while some aspects of common law may be influenced by other legal systems, its core remains rooted in its own established precedents and judicial processes.

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