The Different Sources of Law in England and Wales Essay

The Different Sources of Law in England and Wales - Essay Example Judges create common law by delivering written judgments on the cases that have been brought before them. If magistrates’ courts across both Wales and England were to be allowed to follow and make their own precedents, this would have the effect of creating relatively huge variations in both the regional and local legal customs in the two countries (Gearey, Morrison and Jago, 2013). The common law works to ensure that the law remains common throughout the land. However, it is the responsibility of the House of Lords and the criminal division of the Court of Appeal to create legal precedents in relation to criminal matters affecting Wales and England. It is the decision that is made by these higher courts that works to bind the lower courts.  At times, new situations occur that are found to be entirely new in relation to common law. In such instances, courts in England and Wales can sometimes opt to look aboard at the decisions of the courts made in other commonwealth countri es in order to seek the necessary guidance or from them. This allows for common law systems to have a degree of flexibility and stability as they continue to look to each other for guidance (Gearey, Morrison and Jago, 2013).Statute Law and Common Law Interaction  Although the English legal system is primarily founded n common law, this does not necessarily mean that statutes are any less binding. In fact, the relationship between statute and common law is that that statute law codifies certain rules whereas the common law serves to provide clarification.