Differences between Common Law and Statutory Law
Contents
Common law vs. statutory law
Legal systems rely on two primary sources of law: common law and statutory law. Common law, also known as case law or judge-made law, is a body of unwritten laws based on legal precedents established by the courts.[1][2] In contrast, statutory law is the set of written laws passed by a legislature.[3][4] While they are distinct, the two forms of law coexist and interact within a single legal system.[5] Statutory law is generally created to address specific issues or codify principles that have developed through common law, and statutes will override common law in cases where they conflict.
Comparison table
| Category | Common law | Statutory law |
|---|---|---|
| Source | Derived from judicial decisions made in previous cases (precedent). | Enacted by a legislative body (e.g., Congress, a state legislature).[3] |
| Form | Generally uncodified; principles are found in a collection of case law rather than a single document.[2] | Formally written, published, and organized into codes. |
| Creation process | Developed on a case-by-case basis through the principle of stare decisis, where courts follow the rulings of prior similar cases.[1] | Created through a formal legislative process involving the introduction, debate, and passage of a bill, followed by executive approval.[3] |
| Role of the judiciary | Judges create, interpret, and apply the law, establishing new precedents in cases of first impression.[1] | Judges primarily interpret and apply the statutes as written by the legislature; they do not create the law itself. |
| Flexibility | More flexible, as it can be adapted by judges to the specific facts of a new case. | More rigid; can only be changed or repealed through a subsequent legislative process. |
| Scope | Fills in gaps where no specific statute exists, covering a wide range of civil matters like torts and contracts.[1] | Applies to specific subjects defined by the legislature, such as traffic regulations, criminal codes, or tax laws. |
Interplay and interpretation
Common law and statutory law have a complementary relationship. Courts often use common law principles to interpret statutes, especially when the wording of a law is ambiguous or does not cover a specific situation. This process of statutory interpretation allows judges to clarify the meaning of legislation and how it applies to real-world disputes.
In turn, legislatures can enact statutes that modify, clarify, or abolish a common law rule. This process is known as codification. For example, a legal standard for negligence that was developed over time through a series of court cases (common law) could be formally defined and enacted as a statute by the legislature. Even when a statute is in place, judicial interpretations of that statute become a form of precedent, guiding how that law will be applied in the future.[5] This continuous interaction ensures that the legal system can adapt over time.
References
- ↑ 1.0 1.1 1.2 1.3 "wikipedia.org". Retrieved November 24, 2025.
- ↑ 2.0 2.1 "lumenlearning.com". Retrieved November 24, 2025.
- ↑ 3.0 3.1 3.2 "testmaxprep.com". Retrieved November 24, 2025.
- ↑ "thoughtco.com". Retrieved November 24, 2025.
- ↑ 5.0 5.1 "uq.edu.au". Retrieved November 24, 2025.
