The English system, also known as the common law system, is a legal system that originated in England and has since been adopted by many countries around the world, including the United States, Canada, Australia, and India.
One of the key characteristics of the English system is that it is based on precedent, or the idea that past legal decisions should be used as guidance for future cases. This means that judges rely heavily on previous court decisions when making their own rulings, and these decisions can be cited as precedent in future cases. This creates a body of law that builds and evolves over time, as new cases are decided and added to the existing body of precedent.
Another important aspect of the English system is that it is based on the principle of stare decisis, or the idea that once a legal principle has been established, it should be followed in future cases unless there is a good reason not to. This helps to ensure consistency and predictability in the law, as people can rely on past decisions to guide their actions and understand what is expected of them.
One of the key advantages of the English system is that it is adaptable and flexible, as it allows for the incorporation of new legal principles and changes in society over time. It is also known for its fairness and impartiality, as judges are expected to be unbiased and make decisions based on the facts and the law, rather than personal beliefs or biases.
However, the English system also has its drawbacks. One of the main criticisms is that it can be slow and inefficient, as cases can take a long time to work their way through the legal system, and the reliance on precedent can make it difficult to bring about significant legal change. Additionally, the English system can be expensive, as people often have to pay for legal representation and the costs of going to court.
Overall, the English system is an important and influential legal system that has shaped the laws of many countries around the world. While it has its strengths and weaknesses, it continues to be a key part of the legal landscape in many places.