Common Law & Legislation (AQA GCSE Citizenship Studies): Revision Note

The distinction between common law and legislation

Common law

• Common law is law that develops through the decisions made by judges in court cases

• When judges interpret existing law and make rulings, these decisions can create precedents

  • Future judges usually then follow these when making later decisions in court

• Common law is flexible

  • Judges can adapt how the law is applied as society’s values change, even when Parliament has not passed a new law

Examples of common law

Legislation

• Legislation, also known as statute law, is law made by Parliament in the form of an Act of Parliament

  • These laws set out rules, offences, rights and punishments in written form

• Legislation is clear and authoritative, as it represents the will of Parliament, which is democratically elected

  • However, it can take time to change because it must go through the full parliamentary process

Example of legislation

The relationship between common law and legislation

• Common law and legislation work together

  • Judges apply and interpret legislation in court

  • In doing so they may develop common law to clarify unclear wording or apply laws to new situations

• Common law often highlights areas where legislation is out of date or unclear

  • Parliament may then take steps to update or change the law

  • This makes the legal system both stable and adaptable