Statute law

Relationship between statute law and common law

Statute law refers to the laws made by Parliament (legislation), as distinguished from the law made by judges (common law). Statute law today covers almost every aspect of the legal system.

Of significance to the relationship between statute law and common law is that fact that statutes are not generally entirely comprehensive and self-supporting. Statutes do not purport to cover all possible circumstances, or all possible considerations that may be relevant in deciding a particular case. Common law is therefore crucial to understanding and applying statute law.

Thus, when judges hear and decide individual cases before them, they interpret and apply statute law and common law. However, when common law is inconsistent with statute law, statute law will override common law, and not vice versa.

Interpretation of legislation

Interpretation of legislation is a complex and difficult task. The case law on a particular statute can vary widely. It is the task of a solicitor to know the important case law on a particular area of law and be able to consider how the courts would apply statute law to the particular circumstances of a case, in light of the relevant case law. A solicitor or barrister will then present arguments representing their client’s side to the judge, who will decide the case based upon the statute law and the case law which is binding upon them.

If you would like to obtain legal advice on statute law, Contact Law can put you in touch with local specialist solicitors free of charge. So, if you have any questions or would like our help in finding local specialist solicitors please call us on 0800 1777 162 or complete the web-form above.