common law

(redirected from Common law tradition)
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Synonyms for common law

(civil law) a law established by following earlier judicial decisions

a system of jurisprudence based on judicial precedents rather than statutory laws

References in periodicals archive ?
He reminds us that anyone interested in the common law tradition cannot focus solely on its English origins, but must pay attention to its development and to the principal players on this side of the Atlantic.
This aspect of the common law tradition informed American opinion, although Convention delegates decided to follow what they took to be Montesquieu's approach, opting for a separate branch in order to achieve judicial independence.
I highly doubt that there is any mystical connection between the French language and the civil law tradition and the English language and the common law tradition.
It is indeed valuable to expose foreign students who have been primarily educated in the civil law tradition to the broader tenets of the common law tradition.
Edlin partly grounds the idea of common law review in what he calls a 'conceptual' argument based on the role of the judge in the common law tradition.
New Delhi, Aug 8 (ANI): Vice President Hamid Ansari on Saturday said that the contributions of the common law tradition, the Constitution, and the judiciary to consolidating the Rule of Law in India have been more than negated by unfair and lax enforcement, discriminatory application of laws and filtered access to the justice system.
It is a fascinating record of a development within the common law tradition that has made Western civilization possible and upon which it continues to depend.
It was first published nearly 70 years ago by Karl Llewellyn in a law journal, and later reproduced in his classic work Deciding Appeals: The Common Law Tradition (1960) (Appendix C), a book described by former Yale Law School Dean Anthony Kronman as "the best account of common-law adjudication that any American has ever offered.
This geopolitical ordering of international law has been further reinforced by the fact that the vast bulk of the day-to-day operations of international law take place within domestic legal institutions (119) of which the majority are systems derived from either the civil or common law tradition.
He concludes that while the central monarchy was bolstered by a large amount of local autonomy in day-to-day administration, this was owing to necessity and a common law tradition, and not to the absorption of the Roman republicanism of the humanists.
I think those two decisions paved the way for what we consider to be our important common law tradition in the Court of Appeals, which we continue to carry on today.
43) His argument is not completely abstract in that he does attempt to show how his expansive interpretation of the rule of law is amply reflected in the common law tradition shared by Australia, the United Kingdom, and the United States.
Specifically, Cotler asked, "[I]f we are protecting the civil law tradition or protecting the common law tradition, what about the tradition of First Nations?
All of this would have been quite inconceivable without a Christian anthropology, enriched by classical political theory and the common law tradition as uniquely embedded in the habits of the
Moreover, Sarawak and, indeed, all of Malaysia follows a common law tradition in which, the author notes, under the doctrine of continuity, pre-existing property rights, regardless of changes of sovereignty, remain in effect unless otherwise expressly extinguished.