12-09-2012, 04:22 PM
(12-09-2012, 03:16 PM)THE_Liam Wrote: Common law is the law of the land, and EVERYONE has to obey that, fact. It's part of our constitution (magna carta), but it's very basic and basically says that you can not harm another person in actions, words or dealings, and that you must conduct yourself in an honest and truthful way. But statute law is law formed by the government and monarchy, which apparently only applies if we accept it and are a subject of this country.Everyone has to obey all laws. We don't actually have a constitution as such, in the sense that there's no single defined document laying out the rights of every citizen. Our 'constitution' is laid out through various statutes and also European Law (for example the European Convention on Human Rights which was brought into UK law by the Human Rights Act 1998)
Common law is laws that are laid out as a result of cases heard at trial (i.e. by judges and in tribunals), which is why it's referred to as precedent or case-law. It serves the purpose to define statutes (laws passed by Parliament with Royal Assent) which are quite relaxed or don't cover certain situations. Laws are often passed without a strict definition to allow flexibility and discretion, but more importantly to ensure they don't go out of date extremely quickly.
You don't have to agree to statute law. By living in this country you are subject to its laws.
Note: I've not watched the video