Common Laws Statutory Laws
Common laws are laws Statutory laws are laws that have been
that have been come about
through decision of courts
or other decisions.
Common law is by far and
wide based on judgments
made in the past over
Definition
hundreds of years.
Law as a result of the
judicial branch (courts);
Is as interpreted and
decided by the judge;
Addresses ambiguity of
Statutory Law
Origin Precedent or judiciary
New laws are passed or old laws
New laws
evolve because of new decisions
that have been passed in courts
Also known as Case Law, Precedent
Nature Instructive
Procedural
Deals with and lays down
Operational
the ways and means by
Level
which substantive law can
be enforced
No independent powers
Powers
Can be applied in non
Application
legal contexts
By statutory law
Regulation
A good example is the age
of consent. Every state
has one, but it differs from
state to state.
Example Pharmaceutical Society of
Great Britain v. Boots
Cash Chemists (Southern)
Ltd. [1953] 1 All ER 482
written down and passed by the
legislative branch of a country. Any
law that is made by a state or federal
body is a statutory law. Statutory law
are statutes as their basis
Laws passed by Parliament through
the legislative process, i.e. Acts of
Parliament;
Acts of Parliament may empower the
Executive to make regulations with the
force of law subsidiary legislation;
Spells out limits and repercussions,
e.g. fine, punishment, liability
Legislator or Government
New laws are passed by the legislative system
of a country
Written law, Session law
Prescriptive
Substantive
Deals with those areas of law which
establish the rights and obligations of
individuals , what individuals may or
may not do
Independent powers to decide the fate
of a case
Cannot be applied in non legal
contexts
By Act of Parliment or goverment
implemation
One example of a Statutory law is
abolishing or creating government
programs.
Occupational Safety and Health Act
1996
Factories and Machineries Act 1967
Penal Code
Companies Act 1965
Sarawak Land Code 1958