Anyone help me out here?Relationship between common law and legislation?Statutes have precedence over common law and can replace common law. However, when parliament passes statutes, the statutes are very often badly drafted, such that there are problems in the interpretation of the statutes, so further case law will develop. So, there can be a strong relationship between common law and legislation because judges have to try to decide what the intention of parliament was and higher courts will make rulings that are then followed by lower courts - i.e. common law.Relationship between common law and legislation?Most areas of life have at least some statutes relating to them - however in common law countries, these statutes often don't 'cover the field' (ie answer every possible question). In addition, as questions arise about the interpretation of statutes more common law develops around them. So, to look at the law for any particular thing, you should look at the relevant statute and then any caselaw that is dated after it. You should also check the historical common law to see if any 'gaps' in the statute are still covered by it.
Some statutes expressly state that they cover the whole field, and this will generally be found within the first few sections.Relationship between common law and legislation?Common law is the law of the land and dates back to Norman times (1066) or even further arguably Roman times. Basically common law has always been there and there are still many crimes that are common law offences....such as battery for example (hence - common assault). What legislation does is upd ate a common law offence when it is need of updating or changing in some way. There are various types of crimes now that didn't exist hundreds of years ago....and thats where the legislature comes in. It makes new laws or changes common laws to suit a particular crime where needed. Without the legislature we'd all still be using the same common law as Norman times. Which would be rediculous.
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