hello everyone,,,

While reading about the sources of the british constitution, i am stuck at one point and it is the difference between following two sources : Common law and judicial decisions...i know one difference and it is that while the former is unwritten, the latter is in black and while....but here is something that muddles the matter...isnt common law also derived from judicial interpretations, decisions, precedents set by judges based on age-old customs....and if both the above mentioned sources are derived from judicial decisions and flow from judiciary then how come one is in written and other is not....and where does the difference actually lie???????????

i know my question stems from my misapprehension of the topic but then that's why we are here for.....

so can anyone elaborate and put things in order....?????

While reading about the sources of the british constitution, i am stuck at one point and it is the difference between following two sources : Common law and judicial decisions...i know one difference and it is that while the former is unwritten, the latter is in black and while....but here is something that muddles the matter...isnt common law also derived from judicial interpretations, decisions, precedents set by judges based on age-old customs....and if both the above mentioned sources are derived from judicial decisions and flow from judiciary then how come one is in written and other is not....and where does the difference actually lie???????????


You have a very good question and, according to my understanding, here is the answer.
First let me try to define the terms( according to my understanding).

Judicial decisions:
Judicial decisions are those decisions of judges that are related to the "INTERPRETATION" of "STATUTES" and " CHARTERS".

Common law:
Common law refers to those "CUSTOMS" that are "RECOGNISED" and "APPLIED" by judges to individual cases . After such recognition and application they set precedents for later same cases.

Ab QUOMI ZUBAAN may explain kartay hain is ko.

Judicial decisions kis cheez kay baray may hotay hain?
1. Statutes 2. Charters
judicial decisions may judges kya kartay hain?
Interpretation kartay hain. kiss cheez ki? Statutes and charters ki.

I hope i have cleared this point to you to some extent.



Now let us move on to Common law.

Common law kis cheez kay baray may hoti hay?
1. customs 2. usages
Common law may judges kya karaty hain?
RECOGNISE and APPLY kartay hain. Kiss cheez ko? Customs and usages ko.

This is the real difference between Common law and Judicial decision.

You are always welcome to ask such good questions. Break a leg!

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