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The US was a common law country, then created the constitution based on that common law and now it is a constitutional republic. The constitution is the pillar
by insert_coin 5y ago
The US was a common law country, then created the constitution based on that common law and now it is a constitutional republic. The constitution is the pillar now not "common law".
- giantg2 5y agoI think he means they accept common law doctrines as part of the law. For example, malicious prosecution is not a statute (in some states) but can still be prosecuted (I forget if they handle it civilly or criminally) under common law doctrine.
- PeterWhittaker 5y agoEssentially. The constitution is the floor the stool sits on, and it supports common law both implicitly (cf, e.g., [1]), and explicitly (cf the 7th Amendment). [1] https://constitutionalism.wordpress.com/2008/09/15/common-law-and-the-constitution/ https://constitutionalism.wordpress.com/2008/09/15/common-la...