Common Law in UK Law
-
The Slumbering Sovereign: Sir Owen Dixon's Common Law Constitution Revisited
“The Common Law … abhors infiniteness”.1 1Ferrer v Arden (1599) 6 Co Rep 7a; (1599) 77 ER 263.
-
Why Does the Common Law Conform to the Constitution?
The High Court has often said that the common law must conform to the Constitution. The High Court has not completely explained why this is so. This requirement is not explicitly mentioned anywhere...
-
Moving Beyond the Common Law Objection to Structured Proportionality
This article examines the claim that the adoption of structured proportionality testing in Australian constitutional review is ill-suited to Australia’s common law tradition. That objection has bee...
-
Mos Geometricus and the Common Law Mind: Interrogating Contract Theory
Euclidian theories have it that there exist one or a small number of apex principles from which the entire fasciculus of rules of contract law can be logically deduced. Two arguments are marshalled...
-
Common Law, Mountain Music, and the Construction of Community Identity
This article suggests how law and the arts can shape a community’s identity over time, by exploring the unique parallels between the common law and the folk music of the Appalachian region of the U...
- The Common Law Marriage
- A Common Law Conspiracy
-
Enriching trial justice for crime victims in common law systems
The role of victims in the criminal trial has been subject to considerable critique in recent years. This article argues that scholarship and policy governing the treatment of victims and witnesses...
- COMMON LAW AND STATUTE LAW*
-
Epistemological Considerations in Private Law: Exploring Taxonomical Structures in the Common Law, Civil Law and beyond
This paper aims to further the classification discourse by examining the importance and function of taxonomical structures in private law. The paper begins by considering the extent to which it is ...
See all results