تطور القانون العام

Development of Common Law

• Pre-1066 England: Composed of Anglo-Saxon tribes, leadership contested after King Edward's death.
• 1066: Norman William the Conqueror defeats Anglo-Saxons at Hastings.
• Feudal System: Replaced the previous system, comprising lords and commoners.
• Court System: Three courts established:
  • Court of Exchequer (revenue cases)
  • Court of Common Pleas (civil actions)
  • King's Bench (serious civil and criminal actions)
• Writ System: Implemented to control judicial power, each writ defining a specific cause of action.
  • Lord Chancellor, King's chief advisor, oversaw writs.
• Rigid Writ System: Judges limited to matters covered by writs.
• Key Legislation:
  • Provisions of Oxford (1258): No new writs.
  • Statute of Westminster (1275): New writs allowed based on existing ones (writs de cursu/ in consimili casu).
• 'Assizes': Period of judicial activity, judging based on similar facts.
• Development of Common Law Principle: Common principles applied to similar facts. Stare decisis (precedent) became a core principle (e.g., Tuberville v Savage).
• Ills of Common Law:
  • Rigidity of Stare Decisis: Limited flexibility for judges to deviate from past rulings.
  • Rigidity of Writ System: Justice dependent on issued writs.
  • Feudal Corruption: Potential for abuse of power.
  • Defenses (e.g., Act of God): Limited justice.
  • Rigid Procedures: Limited remedies, only damages recognized, lack of trust recognition as a legal system.

Development of Equity

• Petitioning King's Council: People petitioned to address common law inadequacies.
• Lord Chancellor's Role: King's advisor handling petitions, leading to formalization and procedure.
• Order of Edward III (1349): Formalized petition process.
• Court of Chancery (1474): Formal court of equity presided over by Lord Chancellor.
• Development of Equity Principles: Originally based on conscience; later formalized, using precedent (Lord Nottingham, 1673-1682).
• Lord Nottingham: Considered the father of equity for establishing grounded principles.

Conflict of Common Law and Equity

• Conflicts Between Systems: Cases where both common and equity principles were applied, often canceling out each other's effects.
• Earl of Oxford's Case (James I): Key case highlighting the conflict.
• King's decision to prioritize equity.

Current State of the System

• Judicature Act (1873-1875): Introduced a single court system capable of administering common law and equity, where judges have to preserve principles.
• Equity's Supremacy (Sec 14): Equity prevails in conflicts with common law.
• Common Law and Equity Integration: "They flow in the same stream, but their waters do not mix": Both systems continue, but equity often takes precedence.