Common law traditions originated in England and have been adopted by many countries around the world. It is based on the principles of precedent and the use of juries to decide questions of fact.
One of the defining features of the common law tradition is its reliance on judicial decisions as a source of law. Judges in common law systems have the power to interpret and apply the law in individual cases, and their decisions are considered binding on lower courts in future cases. This allows for consistency and predictability in the law, as well as the ability to adapt to changing circumstances and new developments in the law.
Common law traditions also place a strong emphasis on individual rights and the protection of individual liberties. This is reflected in the use of juries to decide questions of fact in criminal cases, as well as the protection of rights such as freedom of speech, freedom of religion, and the right to a fair trial.
Another key feature of the common law tradition is its flexibility. Common law systems are able to adapt to new circumstances and changing social norms, allowing the law to remain relevant and responsive to the needs of society.
The common law tradition is a dynamic and evolving system that values individual rights, consistency, and flexibility. It has been adopted by many countries around the world and remains an important legal system in many areas of law.
Get a head start on your legal education with our First Year LLB Study Guide.