Yleispäteviltä

Yleispäteviltä, also known as common law, refers to a legal system that is based on precedent and judicial decisions rather than on statutory law or legislative enactments. This system is prevalent in many countries, including the United Kingdom, Canada, Australia, and New Zealand. In common law jurisdictions, the principles of justice are derived from the decisions of courts and are applied to similar cases in the future. This approach allows for a flexible and adaptive legal framework that can evolve with societal changes.

The foundation of common law is the doctrine of stare decisis, which means "to stand by things decided." This principle requires that courts follow previous decisions when ruling on similar cases. This ensures consistency and predictability in the legal system. However, common law is not static; it can be modified through the process of judicial review, where courts can interpret and apply laws in a way that aligns with constitutional principles.

Common law is often contrasted with civil law, which is based on a comprehensive and systematic codification of laws. While civil law systems rely on written statutes and codes, common law systems emphasize the role of judges in interpreting and applying the law. This distinction is crucial in understanding the differences between legal systems around the world.

In summary, yleispäteviltä, or common law, is a legal system that relies on judicial precedent and decisions to establish legal principles. It is characterized by its flexibility, adaptability, and the central role of the judiciary in shaping the law. This system has been influential in shaping the legal frameworks of many nations and continues to be a significant component of the global legal landscape.