British Citizenship Test

How is 'common law' developed in England?

1. By legislative change

2. By judicial decisions and precedents

3. By public opinion

4. By royal decree

The correct answer is: By judicial decisions and precedents

The development of 'common law' in England primarily occurs through judicial decisions and precedents. This legal system relies heavily on the principle of stare decisis, which means that courts are bound by previous judicial decisions when the same points of law arise again. This allows for consistency and predictability in legal judgments, as judges look to previous rulings to guide their decisions in new cases. In contrast to the other methods listed, common law is not significantly driven by legislative changes, public opinion, or royal decrees. Legislation can create statutory law, which is separate from common law, while public opinion might influence societal attitudes but does not serve as a direct source of law. Royal decrees, although historically influential, are not the mechanism by which common law evolves in modern legal practice. Through judicial decisions and established precedents, common law adapts over time, reflecting changes in society and addressing new legal issues as they arise, ensuring the law remains relevant and functional.