HERE YOU WILL FIND:
Common law = Law of the land = case law
as well as Legislation
Stare decisis, the doctrine or principle that precedent should determine legal decision making in a case involving similar facts became the foundational and undisputed current method of public dispute resolution ending discrimination by upholding the self evident truth that as no individual or group of individuals can evidence authority to impose their will upon any other individual or groups of individuals:
All are equal under the law, no one is above the law...
Confirmation of the Charters 1297
The constitutional principles that the rule of law is supreme over the separation of powers... common assent 'pleaded and judged', therefore binding on 'divine rights of Kings' (royal prerogative which at the time included legislative, executive and judicial authority),
Legislative definitions that Law of the Land = Common Law = precedent.
Therefore: Common law is supreme over legislation...
Earl of Oxford Case 1615
The rules of equity prevail over the common law in the event of conflict...
Therefore: Equity is supreme over the common law which is supreme over legislation...
Rebutting all claims that 'Parliament is the supreme law and can over rule the common law', an admitted fraud on legislation.gov.uk under the tab 'Understanding legislation', select 'How legislation works', under the first sub heading 'UK Primary and Secondary legislation' in the first sentence as follows:
"'Primary legislation' is the term used to describe the main laws [fraudulent misrepresentation as admitted next] passed by the legislative bodies of the UK e.g. Acts of the UK Parliament, Scottish Parliament, Welsh Parliament and Northern Ireland Assembly.", and
Therefore as Parliaments creates 'Legislation', only it can authorise the amendment or repeal of its own creations unless it grants authority to the judiciary to do so, and hence a court can find legislation is unlawful, but Parliament must choose to amend it accordingly!!!
followed by one more fraudulent misrepresentation when you scroll down to the sub heading 'Case Law'
"Case law is the set of rulings from court judgements that set precedents for how the law [fraudulent misrepresentation as it is how legislation is interpreted] has been interpreted and applied in certain cases. Case law is not held on legislation.gov.uk....", and
thereby admitting Parliament does not create law, but the the law is created by the disputing parties in the court 🙂
Oath Act 1978
My word is my bond = only I can create a binding obligation on myself...
Equity is substance over form... (sections 4 and 5(4))
which is why 'One parliament can not bind a future parliament', and hence why no parliament can bind any individual or group of individuals
Loveland: Constitutional Law, Administrative Law and Human Rights 8e: Online Casebook
Historical law & legislation
Bracton (c1210-c1268) - translation by Samuel Thorne
"...attempts to describe rationally the whole of English law, a task that was not again undertaken until Blackstone's Commentaries on the Laws of England in the eighteenth century. The work is remarkable both for its wealth of detail and for its attempts to make sense out of English law largely in terms of the ius commune, the combination of Roman and canon law that was taught in the universities in Bracton's time."
Blackstone's Commentaries on the Laws of England (1723-1780)
The Avalon Project - Documents in Law, History and Diplomacy
Judgments - Free online
BAILII - British and Irish Legal Information Institute
WorldLII - World Legal Information Institute
UK Supreme Court
National Archives Judgments and decisions from 2003 onwards
By Shirley Lewald, Solicitor Advocate Higher Rights (Civil and Criminal Courts), MSc (Psych), PGDip (SocSc), PGCPSE, LLB (Hons)
Copyright of judgements...
Under the open justice principle with few exceptions as justice is being done in the name of the public all documents are public record.
This is affirmed under Civil Procedure Rules, PART 5 – COURT DOCUMENTS, and specifically that every member of the public who is not a party to a case is covered in CPR5.4C, where at (1) the general rule applies to (a) a statement of case and (b) a judgment or order made in public, where specifically at (3)(c) a judgement has been entered in a claim. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05#5.4C
The Ministry of Justice and HM Courts and Tribunal Services issued a press release on the 19 April 2022:
“Justice Minister, James Cartlidge, said:
As we continue to build a justice system that works for all, the National Archive’s new service is a vital step towards better transparency. It will ensure court judgments are easily accessible to anyone who needs them.
Our first official Government record of judgments is a modern one-stop-shop that will benefit everyone, from lawyers and judges to academics, journalists and members of the public.”
This is subject to the Open Justice License for all public records which expressly states:
“You are free to:
- copy, publish, distribute and transmit the Information;
- exploit the Information commercially, for example, by combining it with other Information, or by including it in your own product or application.
You must (where you do any of the above):
Use the current version of the Information (as published by the Keeper of Public Records on The National Archives website) and in particular, but not exhaustively:
- comply with any judicial decision that restricts the use of personal data within the Information;
- remove from publication any documents you are using under this licence, that are subsequently no longer published by the Keeper of Public Records on The National Archives website, or have been replaced by a revised version from the Courts or Tribunals
- acknowledge the source of the Information by including the following attribution statement and, where possible, provide a link to this licence;
- Contains information licensed under the Open Justice - Licence v1.0.
- ensure that you do not use the Information in a way that suggests any official status or that the Licensor endorses you or your use of the Information;
- ensure that you (i) do not mislead others or misrepresent the Information or its source; (ii) do not present the Information in a way that does not have regard to the dignity of the Courts or Tribunals, or to their function as working bodies; and (iii) do not use the Information in any way that jeopardises the proper administration of justice;
These are important conditions of this licence and if you fail to comply with them the rights granted to you under this licence, or any similar licence granted by the Licensor, will end automatically.”
https://caselaw.nationalarchives.gov.uk/open-justice-licence (accessed 30/12/2023)