English common law的意思|示意

English common law is a legal system that is found in most countries with historical English roots, such as the United Kingdom, the United States, Canada, Australia, and other Commonwealth countries. It is based on legal precedents and traditions from the English courts and the English legal system, and is the main source of law that applies to the legal system of these countries.

The English common law system is based on a set of principles, standards, and traditions that the English courts established and developed over the centuries. These include the doctrine of precedent, the principle of stare decisis, and the right to trial by jury.

The doctrine of precedent is based on the principle that the rulings of a higher court should be followed by lower courts. This means that a court must make its ruling based on the decisions of higher courts in similar cases. This will help to ensure consistency in the legal system, as the decisions from higher courts in the same area of law set a precedent that must be followed.

The principle of stare decisis is based on the principle that decisions should not be overruled unless there is good reason to do so. This means that a court must adhere to past rulings unless it can be shown that they were incorrect or outdated. This ensures that legal decisions remain consistent over time.

The right to trial by jury is an important aspect of the English common law system. This right was first established in the Magna Carta, and is still an important part of the English legal system today. It ensures that individuals accused of a crime are tried by a jury of their peers, rather than by a judge or magistrate.

In addition to these principles and standards, the English common law system also relies on the traditions of common law. These include the practice of judges making decisions based on their own experiences and knowledge, rather than simply interpreting the law as written. This helps to ensure that the law evolves over time to meet the changing needs of society.

Overall, the English common law system is a set of principles, standards, and traditions that have developed over centuries to form the basis of the legal systems of the United Kingdom, the United States, Canada, Australia, and other Commonwealth countries. It relies on the doctrine of precedent, the principle of stare decisis, the right to trial by jury, and common law traditions to ensure that the law remains consistent and evolves to meet changing needs of society.