Common law countries, also known as common law jurisdictions, are legal systems that are primarily based on judge-made law or case law, as opposed to statutes enacted by a legislature. In such countries, the legal principles and rules are developed through precedents set by prior court decisions, which are binding on lower courts and serve as a guide in subsequent cases with similar issues.
The term "common law" originates from the historical notion that the law is common to all people, as it is developed and applied by judges across the jurisdiction. Common law systems emphasize the role of judges in the legal process, as they interpret and apply the law in specific cases, taking into consideration the circumstances and social context.
Common law countries share certain characteristics, such as a reliance on case law as a primary source of law, a strong emphasis on legal precedents, and the doctrine of stare decisis, which means that subsequent courts should follow the reasoning and rulings of earlier courts in similar cases. Examples of common law countries include the United Kingdom, the United States, Australia, Canada, New Zealand, and India, among others.
Contrary to common law, other legal systems, such as civil law or statutory law, primarily derive their legal principles from codified statutes enacted by a legislative body. While common law systems have evolved over many centuries, they still rely on the principles and precedents set by early court decisions, which continue to shape and modify the law in a gradual and incremental manner.
