Changing 'English Common Law'

[tgmu]

I have a question that I would love an answer to. :) How would the government (House of Commons, House of Lords) go about making a change to English Common Law? (I understand that they pass Statutes at present, which apply to the person.)

Thanks in advance. :)

[the worm that turned]

I have a question that I would love an answer to. :) How would the government (House of Commons, House of Lords) go about making a change to English Common Law? (I understand that they pass Statutes at present, which apply to the person.)

Thanks in advance. :)

The government cannot CHANGE common law. Only a judge can change common law by setting precedent through judgements he/she makes on cases they preside over. Ultimately if it was a criminal case, being heard at a crown court, the jury would make the decision on guilty/not guilty, if the defendant pleaded not-guilty and the judge would pass a sentence. Other common law cases presided over by a judge would be decided upon by the judge, using previous case history to ASSIST.

Statutes, passed by government (and Royal Assent) are given the force of law by society and are used by judges/magistrates and implemented/determined AS LAW by them. I am uncertain if following judgement by a judge/magistrate they then become precedent and can therefore be classed as common law (I hope not). If they are then this is the answer to your question. If they are not, then I do not see how a government can change common law.

Please do not take this as legal advice as I am merely attempting to learn law myself, mainly because no school teaches this most important subject from the age of 5-16 in England and Wales. I WONDER WHY NOT!!!!!

[white horse]

I have a question that I would love an answer to. :) How would the government (House of Commons, House of Lords) go about making a change to English Common Law? (I understand that they pass Statutes at present, which apply to the person.)

Thanks in advance. :)

Nobody can change Common LAw, it just is. It's greatest strenght and also it's greatest weakness is that it is not written down. Common LAw is based on tradition, convention and precedent, and a smattering of 'Common Sense'.

[girlgye]

What happen to Common Law, when marshall law is been declare in United Kingdom?

What do you propose is the solution?

[white horse]

What happen to Common Law, when marshall law is been declare in United Kingdom?

It's all in teh hands of the people, it is our choice, it is our law, the Common LAw.

We can throw it away and let the parasites create a fascist state on top of it and do as they say, or we can fight for our common law.

We have the backing of our ancestors; the Druids, Boudicca, King Alfred the Great, King Canute, Henry II... these people reinforced the Common LAw and did not try to distroy it.

It is very sad.

It is an ancient law and is unique that it still exists in this country.

[cacadores]

Nobody can change Common LAw, it just is. It's greatest strenght and also it's greatest weakness is that it is not written down. Common LAw is based on tradition, convention and precedent, and a smattering of 'Common Sense'.

And Common Law is trumped by legislative statute. Always.

[yozhik]

And Common Law is trumped by legislative statute. Always.

Where do you get this bullshit from?

Maxims of Law (Bouvier's)

When the common law and statute law concur, the common law is to be preferred.
4 Co. 71.

Statutum affirmativum non derogat communi legi.
An affirmative statute does not take from the common law.
Jenk. Cent. 24.

[flip side]

Say the Lisbon Treaty is ratified does this mean UK common law is down the pan?

[white horse]

And Common Law is trumped by legislative statute. Always.

... not entirely...

Statutes come and go... Common Law stays...

[phildee3]

Common Law is trumped by legislative statute.



Only illegally,
and by force if necessary.

[white horse]

Say the Lisbon Treaty is ratified does this mean UK common law is down the pan?

Common Law exists regardless of any legislation that is planted over the top of it. Common LAw is in the hands of the people, iti s up to us whether we keep it or not.

The political make up of the UK is irrelevant to Common LAw. As is the EU. These are politically expedient devices that are created to maintain the Elite order. If they can hoofdwink us into 'forgetting' that Common Law exists (see Geroge Orwell's 1984) then yes, it may lapse.

But it is IMPOSSIBLE for Westminster or Brussells to just turn around and say from midnight Common LAw is abolished.

The people of this country are in their right to say - 'yeah whatever' and carry on...

Legislation is imposed from the top down.

Common Law works from the roots upwards. It is the law of the people, of everyday.

It can be very confusing. It is a system that has evolved over thousands of years, and is the reason why you can wlak down the street 'free'. This country has bene very lucky, we are the only nation in the world never to have suffered slavery and bondage.

In France teh Sun King used to dress peasants up and have them run across his lawn and then shoot them for sport.

Could not happen in England. Can't have an absolute monarch. Charlie tried it and it cost him his head.

Here is an entry from Encyclopedia Brittannica.com;
http://www.britannica.com/EBchecked/topic/128386/common-law

Body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute.

Under the common-law system, when a court decides and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters. This use of precedents is known as stare decisis. Common law has been administered in the courts of England since the Middle Ages; it is also found in the U.S. and in most of the British Commonwealth. It is distinguished from civil law.

Civil LAw:
the law of continental Europe, based on an admixture of Roman, Germanic, ecclesiastical, feudal, commercial, and customary law. European civil law has been adopted in much of Latin America as well as in parts of Asia and Africa and is to be distinguished from the common law of the Anglo-American countries.

[white horse]

Only illegally,
and by force if necessary.

You understand.

[flip side]

Common Law exists regardless of any legislation that is planted over the top of it. Common LAw is in the hands of the people, iti s up to us whether we keep it or not.

The political make up of the UK is irrelevant to Common LAw. As is the EU. These are politically expedient devices that are created to maintain the Elite order. If they can hoofdwink us into 'forgetting' that Common Law exists (see Geroge Orwell's 1984) then yes, it may lapse.

But it is IMPOSSIBLE for Westminster or Brussells to just turn around and say from midnight Common LAw is abolished.

The people of this country are in their right to say - 'yeah whatever' and carry on...

Legislation is imposed from the top down.

Common Law works from the roots upwards. It is the law of the people, of everyday.

It can be very confusing. It is a system that has evolved over thousands of years, and is the reason why you can wlak down the street 'free'. This country has bene very lucky, we are the only nation in the world never to have suffered slavery and bondage.

In France teh Sun King used to dress peasants up and have them run across his lawn and then shoot them for sport.

Could not happen in England. Can't have an absolute monarch. Charlie tried it and it cost him his head.

Here is an entry from Encyclopedia Brittannica.com;
http://www.britannica.com/EBchecked/topic/128386/common-law

Thank you for that matey. That's certainly what I wanted to hear! :)

[phildee3]

You understand.



I comprehend.
I hope to maintain the strength of my conviction to never "understand." ;)