The Efficiency Of Common Law System

Common law is based on judges past decisions rather than written law (Department of Justice, 2017). The common law system takes past decisions made by judges and uses them in new situations that are similar to the original event; otherwise known as the term “stare decisis” (Humber PowerPoint, 2019). The common law system is effective for various reasons including the fact that it is flexible and adjusts to society’s values, allows for fair decisions, and does not violate people’s basic human rights stated in the Charter of Rights and Freedoms.

The common law system was originally rooted from the country of Great Britain and was passed onto Canada as an effective system in regard to the law. Unlike other laws, the common law system is always adapting and flexible to changing circumstances (MUTUAL ASSISTANCE CITATION). The common law system takes past decisions made by judges and uses them in new situations that are similar to the original event; otherwise known as the term “stare decisis” (Humber PowerPoint, 2019).

This can also be viewed as setting precedents; which allows for similar standards if broken, to have the same extent of punishments depending on the severity of the law(s) broken. The purpose of doing so, is to allow fairness to everyone; as well as to also keep the courts running smoothly and efficiently. The common law system is an effective system for various reasons including the fact that it is flexible and adjusts to society’s values, allows for fair decisions for everyone, and does not violate people’s basic human rights stated in the Charter of Rights and Freedoms.

Common laws are always changing and adapting to better suit society's needs due to judges announcing new legal doctrines or changing old ones (Canada Department of Justice, 2016). This is extremely important given that society is constantly changing. For example, This clearly demonstrating that the common law system is overall effective, as well as better for society as a whole.

The use of precedents makes the entire law system, including common law, a fair one. Precedents allow for crimes that fall into the same category to receive similar punishments like previous cases. This means that common law protects offenders from receiving excessive or unfair punishments by going off of previous decisions of a similar case. The Supreme Court of Canada being the highest level of court in Canada sets a standard forcing all other levels of court to obey its decisions. This is where the term “stare decisis” comes into play using common laws as precedents from the highest courts in the country (Bowal, 2017).

Furthermore, The Charter of Rights and Freedoms is very prevalent with the common law system; just like any other laws, no common laws can be used against an individual if it violates their basic human rights (The Canadian Legal System 2019). This is important as it ensures that even as the laws evolve and change, people’s rights are still protected. The Charter applies to common law cases when the court makes an order on its own motion (Department of Justice, 2019

In conclusion, the common law system is an effective system. It is flexible in that it is constantly being adjusted so better suit and reflect societal values. Also, it ensures that the punishments for similar crimes are the same which ensures that every outcome is fair. Lastly, common law follow the Charter of Rights and Freedoms, meaning that no laws can be used to violate an individual's human rights. For these reasons, the common law system is very beneficial to our changing society and is overall a very effective system.