Difference Between Common Law and Statute Law

Main Difference

Common Law and Statute Law both collectively led the foundation of the law of a particular country and state. Common Law and Statute Law is two different kinds of law that collaborate with each other and are simultaneously followed in the state of the country. The basic difference between these both sort of laws is that the Common law refers towards the law made by judges during any trial in the court. Common law is the law that is based on the judiciary decisions, whereas the statute law refers to the legislation law made by the member of the parliament and higher house committees. Statute law is the legal body of the basic law of the country, and it is in written form, whereas the common law is not usually in the written form.

Comparison Chart

Common LawStatute Law
DefinitionCommon law is the kind of verbal law that is proposed by a judge while hearing a case in the court.Statute Law is the kind of written form of law that is developed by legislation and members of the assembly.
Also known asCase lawWritten Law
Developed byJudiciaryLegislation or Parliament
DependencyIndependent.Sometimes dependent on Common law.
NatureInstructivePrescriptive

What is Common Law?

Common Law is the kind of the law that is developed and proposed by the judge or the judiciary system as a whole, While the trail in a court regarding any illegal activity, the judgment was given by the judiciary is based upon the common law. Common law is also referred as case law as it depicts the nature of the case. Common law body was first developed in 13 century in England, and from then to the current time, it is followed. England is the country with world’s most well-established and well-defined judiciary system and law. Common law is the law body that refers towards the decisions made by the judiciary regarding cases the face in the courts. The court decides about the law in every particular case regarding all the past relevant cases to that and to define the exact and clear meaning of law followed in any of the particular cases. In different countries of the world, the common law is usually followed but not in its pure form. The pure form of common law is followed by the UK, Australia, and few European countries. Other countries of the world do follow the common law form but mixing it up with their native law or religious law such as Jewish Law or Sharia Law ( Muslims Law). It is independent law body with influence on other law bodies.

What is Statute Law?

Statute Law is kind of law body that refer towards the particular law of a country or state defined by its legislation or parliament. In some part of the world, it is more commonly known as Constitution. It is the law body that defines the whole systematic law structure of the country or state. It is totally different from the common law. There is no such kind of involvement of the judiciary in the making of statute law. Statute law is also known as written law as it is always present in the written form. Some statute law of particular countries is saved in the form of written books even. The legislation of parliament makes all the amendments in the statute law. And the changes are done in the written form as well. The law-making assemblies and parliaments in a particular country from or make the law as part of the basic legal body of the country that kind of law falls in the category of statute law. Statute law is a form of the private law of any of the particular country or state. It is formed by passing a bill in the lower and upper house of the parliaments that is accepted by the majority of the members of assembly or legislation. In some rare cases around the world, the statute law is influenced by common law. It may be dependent on the common law but cannot be against or conflict the common law in any case at all.

Common Law vs. Statute Law

  • Common Law is the law body formed by the judiciary of a country or state.
  • Statute Law is the legal system of the country formed by legislation.
  • Common law is the law made by the judges regarding all the specific cases heard in the court.
  • Statute law is the law that is accepted by the majority of legislators or members of parliament.
  • Common law is also known as case law.
  • The statute is also known as the written
  • Common law is instructive in its nature.
  • Statute law is prescriptive in its nature.
  • Common law influence other law bodies as well.

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Harlon Moss

Harlon currently works as a quality moderator and content writer for Difference Wiki. He graduated from the University of California in 2010 with a degree in Computer Science. Follow him on Twitter @HarlonMoss

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