Common law was originally developed through custom, at a time before laws were written down.
Common law was originally developed through custom, at a time before laws were written down. It is generally uncodified. This means that there is no comprehensive compilation of legal rules and it is largely based on precedent, created by judicial decisions, which means that past rulings are taken into consideration when cases are decided ( case law). It should be noted that today common law is also codified, i.e. in written form. This legal system is based on the judicial principle of ‘ stare decisis’, that is on the binding aspect of the precedent. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge.