Understanding Common Law Legislation in Canada

Explore the basics of common law legislation in Canada and how it influences the legal system.

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Common law legislation in Canada refers to laws derived from judicial decisions rather than statutes. Judges create precedents through their rulings, which must be followed in future cases. This system ensures that legal principles evolve gradually and consistently, reflecting societal changes and upholding justice.

FAQs & Answers

  1. What is common law legislation? Common law legislation refers to laws established by judicial decisions rather than through formal statutes.
  2. How does common law differ from statutory law? Common law is created by court decisions and precedents, while statutory law is enacted by legislatures.
  3. What role do judges play in common law? Judges create precedents through their rulings in common law, helping to shape and evolve legal principles.
  4. Why is common law important in Canada? Common law is important in Canada as it allows the legal system to adapt over time to societal changes.