Thread: Common law vs Civil law

Im wondering, is the use of controlled substances in the United Kingdom (controlled substances act?) a breach of criminal law or common law?

It is a breach of criminal law.

In common law systems, the approach is the opposite: the legislation sets the details, from which the general principles emerge, much like a computer programme. The idea is that those who are making the statutes, rather than the courts, should be the ones who have the power to decide how the details work.

The civil law can thus be described as a top-down approach to principles, whereas the common law can be described as a bottom up approach. Both systems *value* principles equally, but arrive at them, and deal with the interface between principle and detail, in very different ways.


Criminal Defense Temecula

In common law systems, the approach is the opposite: the legislation sets the details, from which the general principles emerge, much like a computer programme. The idea is that those who are making the statutes, rather than the courts, should be the ones who have the power to decide how the details work.

The civil law can thus be described as a top-down approach to principles, whereas the common law can be described as a bottom up approach. Both systems *value* principles equally, but arrive at them, and deal with the interface between principle and detail, in very different ways.


Criminal Defense Temecula