09,August 2024
Introduction
Common Law is said as a fundamental legal system which has helped many countries shaping its judicial landscape, especially those who have been historical ties to UK. Common law was originated in medieval England and is set apart by its dependence on judicial precedents and decisions instead of statutory laws. This system has been changed and progressed with the passage of time, starting from the amalgamation of different local court practices and customs in the 12th century in the period of influence of King Henry II.
The advancement of Common Law can be seen as a dynamic process that is subjective to economic, social, and political changes. It has been adapted through the concept of stare decisis, where courts generally follow precedents. These precedents are put in place by previous rulings to make sure predictability and consistency in law.
Some common examples of common law can be found in countries like the United States, Australia, and Canada. In jurisdictions where common law is practiced, landmark cases have played a pivotal role in shaping the legal landscape. These cases do more than just resolve individual disputes; they establish significant legal principles that serve as precedents for future judicial decisions. Understanding common law is essential for appreciating how past judicial decisions influence current legal practices and how this system evolves to address contemporary needs.
What is Stare Decisis?
One fundamental tenet of the judicial system's hierarchical structure is the doctrine of precedent. A court's ruling or judgment that is referenced as support for the underlying legal concept is known as precedent. The idea that similar cases ought to be resolved similarly is the foundation of the precedent doctrine, commonly referred to as stare decisis, or "stand by the decision."
Article 141 of the Constitution of India
- Once our Constitution came into effect after independence, Article 141 was put into effect, strengthening the standing of court precedents in the Indian law system.
- Article 141 stipulates that any court operating within the borders of India must follow the law issued by the Supreme Court.
- The declared law must be interpreted as a legal concept derived from a Supreme Court ruling or interpretation of the law, which determines the outcome of the case.
- Article 141 lacks a proviso or exception that would enable the Supreme Court to declare what constitutes a precedent that cannot be followed.
- After a verdict is rendered, the Supreme Court's involvement comes to an end, and Article 141 takes over.
- A ruling issued by the Supreme Court is not final and binding.
- Only the ratio decidendi portion of the ruling is legally binding and will be taken into account when making decisions on similar situations and facts.
Definition of Common Law
Common law is defined as a legal framework in which rulings from courts set precedents that direct matters that come before them. It differs from civil law systems based on codified legislation, having its origins in England. By interpreting the law and applying previous decisions to new instances, judges are essential in establishing a framework for the law that is both consistent and flexible. These precedents alter throughout time to reflect shifts in cultural norms and values. Because of common law's adaptability to changing circumstances and new concerns, the legal system is able to stay effective and relevant in dispensing justice.
Why is common law important?
Common law gives some latitude for interpretation but emphasizes precedent. A common-law system has the advantage of allowing the law to be modified to address circumstances that the legislature had not previously considered.
Origin of Common Law in India
In India, the emergence of common law dates back to the British colonial era. Here's a quick rundown of how it developed:
Early History
- Pre-Colonial Period: Prior to the British invasion, India has a variety of legal systems. Muslims were controlled by Islamic law and Hindus by Hindu law. Local traditions and customs also had a big impact on how justice was carried out.
British East India Company
- Arrival of the British (1600s-1757): After concentrating on trade at first, the British East India Company began to impose governmental authority over areas of India.
- Early Judicial Developments: The courts established by the East India Company were designed to settle conflicts between native workers and British people. Originally, the local laws and customs served as the foundation for the judicial systems.
Establishment of British Rule
- Regulating Act of 1773: This Act resulted in the Supreme Court of Judicature being established in Fort William in Calcutta. It signaled the start of India's official adoption of British legal ideas.
- Charter Act of 1833: The Law Commission was established as a result of this Act, which also consolidated British India's government and gave it authority to codify and combine Indian laws.
Introduction of Common Law
- Codification of Laws: A number of statutes were codified with the help of the Law Commission and legal authorities like Thomas Macaulay. Important instances consist of:
- Bharatiya Nyaya Sanhita (BNS) (1860)
- Indian Contract Act (1872)
- Bharatiya Sakshya Adhiniyam (1872)
- Judicial Reforms: The British established a judicial hierarchy, with the Privy Council serving as England's highest court of appeal. As a result, a common law-based judiciary was founded.
Post-Independence
- Continuation of Common Law: The common law system remained the cornerstone of India's legal system even after the country attained independence in 1947. Adopted in 1950, the Indian Constitution upheld several common law foundations.
- Supreme Court of India: The Privy Council was superseded as the highest court of justice by the Supreme Court, which was founded in 1950.
Modern Influence
- Integration of Local and Common rules: The legal system in India today is a hybrid that combines personal and common law rules that are relevant to many groups with common law principles.
Key Features of Common Law in India
- Adversarial System: Parties submit their claims to an unbiased judge in an adversarial judicial system.
- Precedents: Judicial rulings are binding on subordinate courts and act as precedents.
- Judicial Review: Laws that violate the constitution may be examined by the judiciary and declared unconstitutional.
India's legal structure has been significantly shaped by the common law system, which maintains uniformity and stability while taking into account the nation's many cultural and legal traditions.
What is an example of common law?
One example of common law in practice today is the idea of common-law marriage, which grants couples who are not legally, married the same rights as those who possess a marriage license if certain requirements are satisfied.
Final Discussion
In the end, common law can be said as an introductory element of several legal systems that has evolved over the period of time. The origin of common law in the English legal system is influenced by Norman traditions as well as Anglo-Saxon. This has developed a solid framework prioritizing judicial interpretation and precedent. Through the principle of stare decisis, common law ensures consistency and fairness in legal rulings by adhering to established case law. While it is not the only legal framework in use today, its impact is profound, particularly in countries like the United Kingdom, Canada, Australia, and India.
The examples of common law in action, such as its role in handling criminal cases, marriage laws, and even specific instances like the Namibian Supreme Court's ruling on adultery, highlight its adaptability and relevance. Common law continues to evolve, reflecting societal changes and new values, thus maintaining its significance in modern legal systems. By understanding its definition, origins, development, and practical applications, we gain a comprehensive appreciation of how common law shapes and sustains the rule of law in various jurisdictions.