Common law vs statute

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[MyMy-tvfd]

common law is the will of the people as expressed by the jury who can nullify a law including any statute even if the defendent is technically guilty. This was seen in England in the eighteenth and nineteenth centuries when juries refused to condemned starving beggars to death by hanging for stealing bread. Common law overrides statute law in principle being based on morality not mere statutes written.

[simonedwards]

Does common law not predate Parliament ? If this is the case then how did they interperate acts of Parliament when Parliament did not exist ?.

[PakMail-iz]

Common Law is law of the Empire that applies to commoners. It doesn't apply to royalty, lords, counts, nobles, barons or their officials. For example, in USA, if a government official breaks several laws to harm you, you may be able to get some money from the government if you have a very expensive lawyer and if you are very lucky in that you come across an honorable judge and there are very few of them still around. Official will not even hear of any of this, let alone be called to court. This is the real common law.

[laceandwhisky]

Stand by for the wannabe lawyers to say you're wrong. They need to get the qualifications first before ball shiittin

[EnglishVeteran]

The 1688/9 English Bill of Rights, the last affirmation of The English Constitutional Common Law, is in fact an Act of Parliament, an English Parliament.

[EnglishVeteran]

No, that does not apply to English Constitutional Common Law! As you well know!

[morleymobproductionz]

Common law is the law of the land and statutes are laws of the sea. Every statute requires on demand consent as they are rules of a society which require your consent for them to have the force of law! It is in its very definition, if anyone bothered to look!

[johnkohsamui]

I have a question that maybe you can answer. Neil Oliver keeps repeating that the Magna Carta overrides all law, can this be true?

[bbsaid]

What is the maximum prison sentence you can get, excluding a whole life tariff?
Carrick’s starting sentence was 60 years. I have never heard of a 60 year sentence before.

[williambuckley]

Consent is required for statues and Acts were as Laws are Laws

[blondhairblueeyedrefugee]

As a sovereign citizen I am no longer bound to common laws

[onlybugwit]

Does the Magna Carta still stand for anything, I wonder 🤔 🏴󠁧󠁢󠁥󠁮󠁧󠁿🌧️

[SqwarkParrotSpittingFeathers]

The common law has its origins in the very early days. The King was the all powerful law maker. What the King said was the law. However, the King’s tentacles were not concerned with anything except his own personal interest and the running of his land. Local people had always had their own laws and customs. The head of the locality, would sit in judgment concerning disputes. Eventually, it was recognised that something more formal was needed for a more consistent application of laws so, the King, circa 1100’s sent out judges to cover a circuit. However, even their judgments were inconsistent and so a form of appeal was introduced. From that emerged common law. Statute law really didn’t come into effect a law common to all the land, until Parliament was supreme.

The Magna Carter, I think that was first drawn up in 1215? was a kind of example of statute law, but that really was a contract between the King and his pissed off nobles. Statutes as we now understand the term didn’t really exist. Though I suspect there will be the odd exception to that statement.

These days Parliament has taken a more proactive role in defining the law. It’s one of the judges’ jobs to interpret the Acts of Parliament. Occasionally statute law will have been based on what the judges say. For example, it was made an offence of taking a car without the owner’s consent because it didn’t fit the definition of theft. I think I have that right.

Anyway, most offences and other laws these days are covered by statute. There are some exceptions that stem from the old common law and which Parliament has not interfered with.

I can’t be certain, but I believe breach of the peace is one. That offence even sounds antiquated.

Another is Murder. Murder is not an offence under statute. It is purely a common law offence.

What brought me back to this thread was I was watching the ITV series of Unforgotten. I think it was the first series, episode 5, or 6. The police charge the man in the wheel chair of two murders and what they told him was that he was being charged under the common law offence of murder. There is no offence of murder under statute.

So, statutes are the laws passed in Parliament, and, if relevant will override common law. Common law is law made by judges, but these days judges are careful not to create law as in practice that is the job of Parliament. I believe a classic example of recent, 1950’s, I believe, judge made law was that of the doctrine of estoppel, by Lord Denning. Donahue v Stevenson was another, circa 1930’s, which found a manufacturing company liable for a slug in a bottle of pop even though the company didn’t have a contract with the consumer.

The common law offence of larceny, or today known as theft, was formalised in statute under the 1968 Theft Act. Up to that point it was a common law offence. Now, theft is a statutory offence, the common law has been superseded by statute. However, in the early days of the Theft Act judges would have based their judgments on both the words of the Act and their interpretation of the Act in line with previous common law precedent, which the Theft Act would have been largely based upon. The Theft Act made it easier to understand the concept of theft rather than the populous have to look up numerous theft cases to have an understanding of the law. The Theft Act made the understanding of what theft was easier.

With respect to the Black Belt Barrister, I believe he has his definition of common law wrong.

Although I’m not a practicing barrister I have a 1st class law degree and was called to the bar. For my law degree I actually completed an assignment on this very subject, and from memory I achieved a mark of around 80%. It was a few years ago, so I cannot precisely remember everything.

[stephenashmole]

While electronic signatures are becoming more common, wet signatures are still required in certain circumstances. For example, wet signatures are still required for wills, trusts, adoptions, divorce proceedings, court orders, evictions, and insurance benefits.

[handsfree]

The European court used to be the highest and not bound by parliament? Very complicated

[highpath]

Can you cover the "planning"? decision on the overlooking of the windows of flats by the balcony on the adjoining art gallery. The decision seems so tightly framed (sic) that it would be difficult to apply it as a general rule as to proximity of properties and windows BUT the comment about a viewing platform for an area being not the "(primary) purpose of a museum/gallery" seems perverse understanding of culture, BUT if a Local Authority grants planning permission for such structure does that override any nuisance that may be caused or is the permission ALWAYS subject to neigbours rights (wether in an (implied) party wall situation or otherwise ?

[harrybayliss]

Statutes are laws created by Parliament to award themselves immunity from real laws.

[stephenjamespayne]

Question; should statute be able to override common law?

[sausagesoda]

I know what you are saying is true, but what about common law in Northern Ireland? Even though we have the same structure of law why are Baliffs water bills and poll tax not a thing? Not that I want them but it would be interesting to know.

[ry.]

Interesting factoid of the day, keep it up!❤