Case Law vs Statute Law

Case law and statute law are two different types of laws that are used to complement each other in the common law countries such as the United Kingdom, United States, Canada, and Australia.

Case law refers to the law that is created by judges through their decisions and rulings in legal cases. It is also known as common law or judge-made law. Case law is based on the interpretation of statutes, as well as on legal precedents and principles that have been established through prior court decisions. Judges rely on case law to interpret statutes and to make decisions in cases that are not clearly covered by statutes.

Statute law refers to the law that is created by legislative bodies, such as parliaments or congresses. Statutes are written laws that are formally enacted by the legislative body and are binding on everyone within the jurisdiction covered by the statute. Statute law is often more specific than case law and can cover a wider range of legal issues than case law.

The main difference between case law and statute law is that case law is based on the decisions of judges in previous cases, while statute law is created by the legislative bodies. Case law is more flexible and can evolve over time as new legal issues arise, while statute law is more rigid and can only be changed through the formal legislative process.