Common Law in relation to Custom, Equity and Books of Authority



Common Law in relation to Custom, Equity and Books of Authority

Introduction

The paper attempts to describe the relationship of English Common Law and the historical sources of law, custom, equity and books of authority. It explains the link between common law and customary law as well as equity law. Furthermore, it explains whether such historical sources have ceased to be a form of law within the English legal system at present or are these law still closely related with the English Common Law.

Discussion

English Common Law

The common law is the system of law, developed in England, that is based on court decisions and on custom and usage rather than on laws made by legislatures. The common law was a product of the Norman Conquests. English law was transformed from a method of resolving private disputes to into a mixed system that addressed public and private matters. The power of the religious courts was reduced and a new judicial system was created that was based on judges applying general or common legal principles to disputes.

Three court systems developed over time: the Exchequer, the King's Bench and the Common Pleas. These courts gradually removed jurisdiction for most cases from local manorial courts that were dominated by the local nobility. These courts grew procedurally more complex and courts of equity were introduced as a way to dispense justice more quickly and easily. Though the law and equity courts were rivals in many ways, by the twentieth century the two were merged.

The common law system is based on respect for past judicial decisions. A vast body of interpretation has developed that instructs a judge on how a case should be analyzed. This concept directs a court to do follow prior judicial precedents that match the facts of the case before it. The goal of this concept is essentially conservative, as it seeks to promote certainty, uniformity and predictability.

Common Law in relation with Customary law

The customs law is a branch of administrative law , the tax law and commercial law that regulates the movement of goods either trying to import or export , in addition to imposing sanctions on individuals who commit violations to these regulations. Usually there is a special procedure for the imposition of sanctions on this ground. The history of the legal institution merges with the ancient history of England which is in principle unclear, obscure and brimming with ancient legends.

The most significant feature we found with the common law is that it has given a prominent role to influence legislation. English law has been custom and jurisprudence or what has been called the precedent, as already explained. The Customs Law is of great importance to trade and fiscal policy of a country, since through it regulates the possible protectionist measures to protect the internal market competition from foreign products. This was discussed in the year 2001 by the Canadian Supreme Court in the case of Mitchell vs. ...