How does a Statute Law come about?
A Statute has to be created by Parliament and is usually created as a result of a loophole in current law or a new problem (good example is the Dangerous Dogs Act). I assume the MPs propose a new aw as a result of concern from the public – at least that’s how it should be. Common law is law that stems from the mists of time such as murder. It can change to statute law when the use of common law becomes so confused that it has to be clarified (have a look at the Theft Act). Case law can only apply to a law that already exists and occurs when the prosecution or defence go to the Appeal Court to clarify a point of the existing law. Easy, isn’t it?
