Talk:Case law

can anyone tell me the three difference between civil law an common law?

I doubt it, since neither "civil law" nor "common law" are very precise (or monosemic) terms. Francis Davey 20:50, 26 August 2005 (UTC)[reply]

based on the doctrine of precedent in australia, whether the common law is static or instable?

judge-made law

"Case law (precedential law or black-letter law or decisional law or non-statutory law) is the body of judge-made law"

Isn't this a VERY BAD statement? Judges are not permitted to legislate from the bench and that is exactly what this is indicating.

The constitution deliberately separates the powers and only congress has the power to legislate (make law). Any judge "making law" is violating the separation of powers.

Judges certainly make law in other jurisdictions -- they do in mine. Since this is not a US only page, the separation of powers isn't relevant. Judges here are quite clear about both their power and their desire to make new law. Francis Davey 21:48, 5 May 2006 (UTC)[reply]

This is a fallacy. The United States has a common law system, so, by definition there is judge-made law, out of necessity. The formula that judges in the American system "do not make law but only interpret law" is a simplification that should not be taken too literally. American judges do make law, every day, because they have to. Otherwise the legal system would not function. Acsenray 19:24, 31 May 2006 (UTC)[reply]

It's bad though. The common people have nothing to do with the judicial system, so the supreme court can make any kind of crazy decisions it wants, no matter what we say. Then again, maybe that's the only way to make progress.. but it's definitely gotten out of hand.