Editing Common law (section)

== Common law legal systems in the present day ==
=== In jurisdictions around the world ===
The common law constitutes the basis of the legal systems of:
* [[Australian legal system|Australia]] (both [[Australian Government|federally]] and in each of the [[States and territories of Australia|states and territories]])
* [[Law of Bangladesh|Bangladesh]]
* [[Belize]]
* Brunei
* Bhutan
* [[Law of Canada|Canada]] (both [[#CL Canada federal|federal]] and the [[#CL Canada provinces|individual provinces]], with the exception of [[Quebec law|Quebec]])
* the Caribbean jurisdictions of Antigua and Barbuda, Barbados, [[Law of the Bahamas|Bahamas]], Dominica, Grenada, Jamaica, St Vincent and the Grenadines, Saint Kitts and Nevis, Trinidad and Tobago
* [[Law of Cyprus|Cyprus]]
* Ghana
* [[Law of Hong Kong|Hong Kong]] (Except for [[Hong Kong Basic Law|Basic Law]] and [[2020 Hong Kong national security law|National Security Law]], which adopts civil law as a legal base.)
* [[#CL India|India]]
* [[Law of the Republic of Ireland|Ireland]]
* [[#CL Israel|Israel]]
* Kenya
* [[Law of Nigeria|Nigeria]]
* [[Law of Malaysia|Malaysia]]
* [[Law of Malta|Malta]]
* Myanmar
* [[Law of New Zealand|New Zealand]]
* [[#CL Pakistan|Pakistan]]
* [[Philippine legal codes|Philippines]]
* [[Law of Singapore|Singapore]]
* [[Law of South Africa|South Africa]]
* [[Law of the United Kingdom|United Kingdom]] (in [[English law|England]], [[Scots law|Scotland]], [[Welsh law|Wales]], and [[Northern Ireland law|Northern Ireland]])
* United States (both the [[#CL United States federal|federal]] system and the individual [[#CL United States|states]] and [[Territories of the United States|Territories]], with the partial exception of [[Law of Louisiana|Louisiana]] and [[Law of Puerto Rico|Puerto Rico]])

and many other generally [[English-speaking countries]] or [[Commonwealth of Nations|Commonwealth]] countries (except [[#CL Scotland|Scotland]], which is [[Mixed legal system|bijuridicial]], and [[Malta]]). Essentially, every country that was colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that were formerly colonised by other nations, such as [[Law of Quebec|Quebec]] (which follows the [[Napoleonic Code|bijuridicial law or civil code]] of France in part), South Africa and Sri Lanka (which follow [[#CL Roman Dutch|Roman Dutch law]]), where the prior civil law system was retained to respect the [[civil rights]] of the local colonists. Guyana and Saint Lucia have mixed common law and civil law systems.

The remainder of this section discusses jurisdiction-specific variants, arranged chronologically.

=== Scotland{{anchor|CL Scotland}} ===
[[Scotland]] is often said to use the civil law system, but it has [[Scots law|a unique system]] that combines elements of an uncodified civil law dating back to the {{Lang|la|[[Corpus Juris Civilis]]}} with an element of its own common law long predating the [[Act of Union (1707)|Treaty of Union]] with England in 1707 (see [[Legal institutions of Scotland in the High Middle Ages]]), founded on the customary laws of the tribes residing there. Historically, [[Scots Law|Scottish common law]] differed in that the use of ''precedent'' was subject to the courts' seeking to discover the principle that justifies a law rather than searching for an example as a ''precedent'',<ref>Stair Memorial Encyclopedia</ref> and principles of [[natural justice]] and fairness have always played a role in Scots Law. From the 19th century, the Scottish approach to precedent developed into a ''stare decisis'' akin to that already established in England thereby reflecting a narrower, more modern approach to the application of case law in subsequent instances. This is not to say that the substantive rules of the common laws of both countries are the same, but in many matters (particularly those of UK-wide interest), they are similar.

Scotland shares the [[Supreme Court of the United Kingdom|Supreme Court]] with England, Wales and Northern Ireland for civil cases; the court's decisions are binding on the jurisdiction from which a case arises but only influential on similar cases arising in Scotland. This has had the effect of converging the law in certain areas. For instance, the modern UK [[negligence|law of negligence]] is based on ''[[Donoghue v Stevenson]]'', a case originating in [[Paisley, Renfrewshire|Paisley, Scotland]].

Scotland maintains a separate criminal law system from the rest of the UK, with the [[High Court of Justiciary]] being the final court for criminal appeals. The highest court of appeal in civil cases brought in Scotland is now the [[Supreme Court of the United Kingdom]] (before October 2009, final appellate jurisdiction lay with the [[Judicial functions of the House of Lords|House of Lords]]).<ref>{{cite web|url=https://www.supremecourt.uk/about/role-of-the-supreme-court.html|title=Role of The Supreme Court – The Supreme Court|first=The Supreme|last=Court|website=www.supremecourt.uk|access-date=4 October 2016|archive-date=1 January 2017|archive-url=https://web.archive.org/web/20170101192248/https://www.supremecourt.uk/about/role-of-the-supreme-court.html|url-status=dead}}</ref>

=== The United States – states, federal courts, and executive branch agencies (17th century on){{anchor|CL United States}} ===

====New York (17th century)====
The original colony of [[New Netherland]] was settled by the Dutch and the law was also Dutch. When the English captured pre-existing colonies they continued to allow the local settlers to keep their civil law. However, the Dutch settlers revolted against the English and the colony was [[Second Anglo-Dutch War|recaptured]] by the Dutch. In 1664, the colony of [[New York (state)|New York]] had two distinct legal systems: on Manhattan Island and along the Hudson River, sophisticated courts modeled on those of the [[Dutch colonization of the Americas|Netherlands]] were resolving disputes learnedly in accordance with Dutch customary law. On Long Island, Staten Island, and in Westchester, on the other hand, English courts were administering a crude, untechnical variant of the common law carried from Puritan New England and practiced without the intercession of lawyers.<ref>William Nelson, Legal Turmoil in a Factious Colony: New York, 1664–1776, 38 Hofstra L. Rev. 69 (2009).</ref>  When the English finally regained control of New Netherland they imposed common law upon all the colonists, including the Dutch. This was problematic, as the [[patroon]] system of land holding, based on the [[Feudalism|feudal system]] and civil law, continued to operate in the colony until it was abolished in the mid-19th century. New York began a [[Codification (law)|codification]] of its law in the 19th century. The only part of this codification process that was considered complete is known as the [[Field Code]] applying to [[civil procedure]].  The influence of [[Roman-Dutch law]] continued in the colony well into the late 19th century. The codification of a law of general obligations shows how remnants of the civil law tradition in New York continued on from the Dutch days.

==== Louisiana (1700s){{anchor|Louisiana (1700s)}} ====

Under [[Law of Louisiana|Louisiana's codified system]], the [[Louisiana Civil Code]], private law—that is, [[substantive law]] between private sector parties—is based on principles of law from continental Europe, with some common law influences. These principles derive ultimately from [[Roman law]], transmitted through [[Law of France|French law]] and [[Law of Spain|Spanish law]], as the state's current territory intersects the area of North America colonized by Spain and by France. Contrary to popular belief, the Louisiana code does not directly derive from the [[Napoleonic Code]], as the latter was enacted in 1804, one year after the [[Louisiana Purchase]]. However, the two codes are similar in many respects due to common roots.

Louisiana's [[criminal law]] largely rests on English common law. Louisiana's [[administrative law]] is generally similar to the [[administrative Procedure Act (United States)|administrative law of the U.S. federal government]] and other U.S. states. Louisiana's [[procedural law]] is generally in line with that of other U.S. states, which in turn is generally based on the U.S. [[Federal Rules of Civil Procedure]].

Historically notable among the Louisiana code's differences from common law is the role of property rights among women, particularly in inheritance gained by widows.<ref>{{cite web| url = https://digitalcommons.lsu.edu/cgi/viewcontent.cgi?article=1319&context=gradschool_disstheses| title = Sara Jane Sandberg, ''Women and the Law of Property Under Louisiana Civil Law, 1782–1835'' (2001)}}</ref>

==== California (1850s) ====
The [[U.S. state]] of [[California]] has a system based on common law, but it has [[Codification (law)|codified]] the law in the manner of [[civil law (legal system)|civil law]] jurisdictions. The reason for the enactment of the [[California Codes]] in the 19th century was to replace a pre-existing system based on Spanish civil law with a system based on common law, similar to that in most other states. California and a number of other [[Western United States|Western states]], however, have retained the concept of [[community property]] derived from civil law. The California courts have treated portions of the codes as an extension of the common-law tradition, subject to judicial development in the same manner as judge-made common law. (Most notably, in the case ''[[Li v. Yellow Cab Co.]]'', 13 Cal.3d 804 (1975), the [[California Supreme Court]] adopted the principle of [[comparative negligence]] in the face of a [[California Civil Code]] provision codifying the traditional common-law doctrine of [[contributory negligence]].)

==== United States federal courts (1789 and 1938) ====
{{see|Federal common law}}
[[File:Uscatitle11.jpg|thumb|USCA: some annotated volumes of the [[United States Code|official compilation]] and codification of federal statutes.]]

After ''[[Erie v. Tompkins]]'', 304 U.S. 64, 78 (1938) overruled [[Joseph Storey]]'s decision in ''[[Swift v. Tyson]]'', the [[federal common law]] was limited to some jurisdictions stated in the Constitution, such as admiralty, and possibly some areas that may not be the traditional jurisdiction of state law.<ref>''Erie R. Co. v. Tompkins'', 304 U.S. 64, 78 (1938) ("There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts.").</ref>
Later courts have limited ''Erie'' slightly, to create a few situations where [[United States federal courts]] are permitted to create [[federal common law]] rules without express statutory authority, for example, where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs, or financial instruments issued by the federal government.{{efn|''See, e.g.'', ''[[Clearfield Trust Co. v. United States]]'', {{ussc|318|363|1943}} (giving federal courts the authority to fashion common law rules with respect to issues of federal power, in this case [[negotiable instrument]]s backed by the federal government); ''[[International News Service v. Associated Press]]'', 248 U.S. 215 (1918) (creating a cause of action for misappropriation of "hot news" that lacks any statutory grounding)}} Except on Constitutional issues, and some procedural issues, Congress is free to legislatively overrule federal courts' common law.<ref>''[[City of Boerne v. Flores]]'', 521 U.S. 507 (1997) (invalidating the [[Religious Freedom Restoration Act]], in which Congress had attempted to redefine the court's jurisdiction to decide constitutional issues); ''[[Milwaukee v. Illinois]]'', 451 U.S. 304 (1981)</ref>

In ''Swift'', the [[United States Supreme Court]] had held that federal courts hearing cases brought under their [[diversity jurisdiction]] (allowing them to hear cases between parties from different states) had to apply the statutory law of the states, but not the common law developed by state courts. Instead, the Supreme Court permitted the federal courts to make their own common law based on general principles of law. ''Erie'' overruled ''Swift v. Tyson'', and instead held that federal courts exercising diversity jurisdiction had to use all of the same [[substantive law]] as the courts of the states in which they were located. As the ''Erie'' Court put it, there is no "general federal common law".

Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution.{{efn|But see ''National Basketball Association v. Motorola, Inc.'', 105 F.3d 841, 843–44, 853 (2d Cir. 1997) (noting continued vitality of ''INS'' "hot news" tort under New York state law, but leaving open the question of whether it survives under federal law)}} Outside diversity jurisdiction and when there is no federal statute,{{efn|In the words of Justice [[Robert H. Jackson]]: "Federal common law implements the federal Constitution and statutes, and is conditioned by them."<ref>D'Oench, Duhme & Co. v. FDIC, 315 US 447, 472 (1942), Jackson, J., concurring. Cited in Bradley, Curtis A. ''International Law in the U.S. Legal System.'' United Kingdom, Oxford University Press, 2015, 157</ref>}} post-Erie federal courts have continued to create causes of action.<ref>{{cite book |title=Ristau's International Judicial Assistance: A Practitioner's Guide to International Civil and Commercial Litigation |date=2021 |publisher=Oxford University Press|page=134}}</ref> Justice [[Lewis F. Powell Jr.|Lewis Powell]] strongly objected to this practice in an influential dissent for the case ''[[Cannon v. University of Chicago]]''.<ref name=popkin>{{cite book |last1=Popkin |first1=William D. |title=Statutes in Court: The History and Theory of Statutory Interpretation |date=1999 |publisher=Duke University Press |page=254 |quote=There is an old principle of law that every right has a remedy, which comes from an age when statutes often did little more than identify a legal wrong, leaving it to the common law to supply a remedy. But the courts extended this approach to infer a private cause of action even when the statute already provided specific (often administrative) remedies. The Court has recently retreated from an expansive inference of private remedies, first adopting a [[Cause of action#Statutory causes of action|four part test]] which imposed some limits on inferring a private cause of action, and then shifting to legislative intent test...Justice Lewis Powell put it most forthrightly in his dissent in ''Cannon v. University of Chicago'' where he stated that the Article III judicial power did not include the power to imply private causes of action from silent statutes.}}</ref>

==== United States executive branch agencies (1946) ====
Most executive branch agencies in the United States federal government have some adjudicatory authority. To greater or lesser extent, agencies honor their own precedent to ensure consistent results. Agency decision making is governed by the [[Administrative Procedure Act (United States)|Administrative Procedure Act]] of 1946.

For example, the [[National Labor Relations Board]] issues relatively few [[regulations]], but instead promulgates most of its substantive rules through [[#Disambiguate statute|common law (connotation 1)]].

=== India, Pakistan, and Bangladesh (19th century and 1948){{anchor|CL India and Pakistan}} ===
The law of India, Pakistan, and Bangladesh are largely based on [[English law|English]] common law because of the long period of [[British Empire|British colonial influence]] during the period of the [[British India|British Raj]].

[[History of India|Ancient India]] represented a distinct tradition of law, and had a historically independent school of legal theory and practice. The ''[[Arthashastra]]'', dating from 400 BCE and the ''[[Manusmriti]]'', from 100 CE, were influential treatises in India, texts that were considered authoritative legal guidance.<ref>{{Harvnb|Glenn|2000|p=255}}</ref> [[Manu (Hinduism)|Manu]]'s central philosophy was tolerance and [[Pluralism (political philosophy)|pluralism]], and was cited across [[Southeast Asia]].<ref>{{Harvnb|Glenn|2000|p=276}}</ref> Early in this period, which finally culminated in the creation of the [[Gupta Empire]], relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition.<ref>{{cite journal |last=Alexander |first=C.H. | date=July 1952 |title=International Law in India |journal=The International and Comparative Law Quarterly |volume=1 |issue=3 |pages=289–300 |doi=10.1093/iclqaj/1.Pt3.289 |issn=0020-5893}}</ref> Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious charters, in exchange of embassies of a temporary or semi-permanent character.<ref>Viswanatha, S.T., ''International Law in Ancient India'', 1925</ref>

When India became part of the [[British Empire]], there was a break in tradition, and Hindu and Islamic law were supplanted by the common law.<ref>{{Harvnb|Glenn|2000|p=273}}</ref> After the failed [[Indian Rebellion of 1857|rebellion]] against the British in 1857, the [[British Parliament]] took over control of India from the [[British East India Company]], and [[British India]] came under the direct rule of [[the Crown]]. The British Parliament passed the [[Government of India Act 1858]] to this effect, which set up the structure of British government in India.<ref name="WDL">{{cite web |url = http://www.wdl.org/en/item/393/ |title = Official, India |work = [[World Digital Library]] |date = 1890–1923 |access-date = 30 May 2013 }}</ref> It established in Britain the office of the [[Secretary of State for India]] through whom the Parliament would exercise its rule, along with a [[Council of India]] to aid him. It also established the office of the [[Governor-General of India]] along with an Executive Council in India, which consisted of high officials of the British Government. As a result, the present judicial system of the country derives largely from the British system and has little correlation to the institutions of the pre-British era.<ref>{{Harvnb|Jain|2006|p=2}}</ref>{{verify-inline|date=August 2015}}

==== Post-partition India (1948){{anchor|CL India}} ====

[[File:Constitution of India.jpg|thumb|right|The [[Constitution of India]] is the longest written constitution for a country, containing 395 articles, 12 schedules, numerous amendments and 117,369 words.]]

Post-partition, [[Law of India|India]] retained its common law system.<ref>{{cite speech|author=[[K. G. Balakrishnan]]|title=An Overview of the Indian Justice Delivery Mechanism|url=http://www.supremecourtofindia.nic.in/speeches/speeches_2008/abu_dhabi__as_delivered.pdf|event=International Conference of the Presidents of the Supreme Courts of the World|location=Abu Dhabi|access-date=1 August 2012|date=23–24 March 2008|quote=India, being a common law country, derives most of its modern judicial framework from the British legal system.|url-status=dead|archive-url=https://web.archive.org/web/20121102153013/http://www.supremecourtofindia.nic.in/speeches/speeches_2008/abu_dhabi__as_delivered.pdf|archive-date=2 November 2012}}</ref> Much of contemporary Indian law shows substantial European and American influence. Legislation first introduced by the British is still in effect in modified form today. During the drafting of the [[Indian Constitution]], laws from Ireland, the United States, Britain, and France were all synthesized to produce a refined set of Indian laws. Indian laws also adhere to the [[United Nations]] guidelines on [[human rights law]] and [[environmental law]]. Certain [[international trade law]]s, such as those on [[intellectual property]], are also enforced in India.

==== Post-partition Pakistan (1948){{anchor|CL Pakistan}} ====

Post-partition, [[Law of Pakistan|Pakistan]] retained its common law system.<ref>{{cite web | url=http://www.supremecourt.gov.pk/web/user_files/File/REVIEW_P_46&47_2011_full.pdf | title=Federation of Pakistan v. Bhatti, "''in a common law jurisdiction such as ours''" | access-date=22 February 2012 | archive-url=https://web.archive.org/web/20141006110307/http://www.supremecourt.gov.pk/web/user_files/File/REVIEW_P_46%2647_2011_full.pdf | archive-date=6 October 2014 | url-status=dead }}</ref>

==== Post-partition Bangladesh (1968){{anchor|CL Bangladesh}} ====

Post-partition, Bangladesh retained its common law system.

=== Canada (1867){{anchor|CL Canada}} ===

[[Canadian law|Canada]] has separate federal and provincial legal systems.<ref>[http://laws.justice.gc.ca/eng/Const/page-5.html#anchorbo-ga:s_91-gb:s_91 Constitution Act, 1867], s. 91(10), (18)</ref>

==== Canadian provincial legal systems{{anchor|CL Canada provinces}} ====

Each [[Provinces and territories of Canada|province and territory]] is considered a separate jurisdiction with respect to case law. Each has its own procedural law in civil matters, statutorily created provincial courts and superior trial courts with inherent jurisdiction culminating in the Court of Appeal of the province. These Courts of Appeal are then subject to the Supreme Court of Canada in terms of appeal of their decisions.

All but one of the provinces of [[Law of Canada|Canada]] use a common law system for civil matters (the exception being [[Law of Quebec|Quebec]], which uses a French-heritage civil law system for issues arising within provincial jurisdiction, such as property ownership and contracts).

====Canadian federal legal system{{anchor|CL Canada federal}}====

Canadian federal courts operate under a separate system throughout Canada and deal with narrower range of subject matter than superior courts in each province and territory. They only hear cases on subjects assigned to them by federal statutes, such as immigration, intellectual property, judicial review of federal government decisions, and admiralty. The [[Federal Court of Appeal (Canada)|Federal Court of Appeal]] is the appellate court for federal courts and hears cases in multiple cities; unlike the United States, the Canadian Federal Court of Appeal is not divided into appellate circuits.<ref>{{cite web |url=http://www.fca-caf.gc.ca/index_e.shtml |title=Federal Court of Appeal – Home |publisher=Federal Court of Appeal |access-date=17 August 2013 |archive-url=https://web.archive.org/web/20080504132728/http://www.fca-caf.gc.ca/index_e.shtml |archive-date=4 May 2008 |url-status=dead }}</ref>

Canadian federal statutes must use the terminology of both the common law and civil law for civil matters; this is referred to as legislative bijuralism.<ref>{{cite web|url=http://canada.justice.gc.ca/eng/csj-sjc/harmonization/bijurilex/aboutb-aproposb.html |title=About Bijuralism|publisher=Government of Canada, Department of Justice, Legislative Services Branch|date=14 November 2008}}</ref>

==== Canadian criminal law ====
Criminal law is uniform throughout Canada. It is based on the federal statutory Criminal Code, which in addition to substance also details procedural law. The administration of justice are the responsibilities of the provinces. Canadian criminal law uses a common law system no matter which province a case proceeds.

=== Nicaragua ===
[[Nicaragua]]'s legal system is a mixture of the English common law and civil law. This situation was brought through the influence of British administration of the Eastern half of the [[Mosquito Coast]] from the mid-17th century until about 1894, the [[William Walker (filibuster)|William Walker]] period from about 1855 through 1857, US interventions/occupations during the period from 1909 to 1933, the influence of US institutions during the [[Somoza family]] administrations (1933–1979), and the considerable importation between 1979 and the present of US culture and institutions.<ref>{{Cite journal |last=Serrano Caldera |first=Alejandro |date=1990 |title=The Rule of Law in the Nicaraguan Revolution |url=https://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=1259&context=ilr |journal=Loyola of Los Angeles International and Comparative Law Review and Compara |volume=12 |issue=2 |pages=341}}</ref><ref>{{Cite web |title=UPDATE: Guide to Legal Research in Nicaragua |website=GlobaLex |url=https://www.nyulawglobal.org/globalex/Nicaragua1.html |access-date=2022-05-08 |publisher=New York University School of Law}}</ref>

=== Israel (1948){{anchor|CL Israel}} ===
[[Israeli law|Israel]] has no formal written [[Constitution of Israel|constitution]].  Its [[Israeli law|basic principles]] are inherited from the law of the [[Mandate for Palestine|British Mandate of Palestine]] and thus resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the [[Supreme Court of Israel|supreme court]]<ref>{{cite web | url=http://www.lawofisrael.com/israeli-supreme-court-decisions | title=Supreme court decisions database | access-date=20 April 2014 | archive-url=https://web.archive.org/web/20140409015328/http://www.lawofisrael.com/israeli-supreme-court-decisions/ | archive-date=9 April 2014 | url-status=dead }}</ref> in reviewing and if necessary overturning legislative and executive decisions, as well as employing the adversarial system.  However, because Israel has no written constitution, basic laws can be changed by a vote of 61 out of 120 votes in the parliament.<ref>New York Times, ''A rush to change'' (Jan. 15, 2023); ConstitutionNet, [https://constitutionnet.org/news/basic-law-legislation-basic-law-can-make-or-break-israeli-constitutionalism ''Basic Law Legislation: The Basic Law that can Make or Break Israeli Constitutionalism''] (Aug. 16, 2021).</ref> One of the primary reasons that the [[Constitution of Israel|Israeli constitution]] remains [[unwritten constitution|unwritten]] is the fear by whatever party holds power that creating a written constitution, combined with the common-law elements, would severely limit the powers of the [[Knesset]] (which, following the doctrine of [[parliamentary sovereignty]], holds near-unlimited power).

=== Roman Dutch common law{{anchor|CL Roman Dutch}} ===
{{unreferenced section|date=July 2024}}
[[Roman Dutch law|Roman Dutch common law]] is a bijuridical or mixed system of law similar to the common law system in [[Scotland]] and [[#Louisiana (1700s)|Louisiana]]. Roman Dutch common law jurisdictions include [[Law of South Africa|South Africa]], [[Botswana]], [[Lesotho]], [[Namibia]], [[Swaziland]], [[Sri Lanka]] and [[Zimbabwe]]. Many of these jurisdictions recognise customary law, and in some, the Constitution requires that the common law be developed in accordance with a bill of rights, such as [[Chapter Two of the Constitution of South Africa]]. Roman Dutch common law is a development of [[Roman Dutch law]] by courts in the Roman Dutch common law jurisdictions. During the Napoleonic wars the Kingdom of the Netherlands adopted the French ''code civil'' in 1809, but the Dutch colonies in the Cape of Good Hope and Sri Lanka, at the time called Ceylon, were seized by the British to prevent them being used as bases by the French Navy. The system was developed by the courts and spread with the expansion of British colonies in Southern Africa. Roman Dutch common law relies on legal principles set out in Roman law sources such as Justinian's Institutes and Digest, and also on the writing of Dutch jurists of the 17th century such as [[Hugo Grotius|Grotius]] and [[Johannes Voet|Voet]]. In practice, the majority of decisions rely on recent precedent.

=== Ghana ===
Ghana follows the English common law tradition which was inherited from the British during her colonisation. Consequently, the [[Law of Ghana|laws of Ghana]] are, for the most part, a modified version of imported law that is continuously adapting to changing socio-economic and political realities of the country.<ref>Obiri-Korang, P. "Private international law of contract in Ghana: the need for a paradigm shift" (2017) p. 8.</ref>{{fcn|reason=What kind of source is this? If a journal article or chapter of a book, what journal/book? What publisher? Make sure it's [[WP:V|verifiable]]|date=March 2025}}<ref>Quansah ''The Ghana Legal System'' (2011) p. 51</ref>{{ISBN needed|date=March 2025}} [[The Bond of 1844]] marked the period when the people of Ghana (then Gold Coast) ceded their independence to the British<ref>See, generally, Benion ''The Constitutional Law of Ghana'' (1962). Boahen, however, submits that the Bond of 1844 is not as important as held by some Ghanaian historians. He further posits that it cannot be the Magna Carta of Ghana or the basis for British rule or law – see Boahen ''Ghana: Evolution and Change in the Nineteenth and Twentieth Century'' (1975) 36.</ref> and gave the British judicial authority. Later, the Supreme Court Ordinance of 1876 formally introduced British law, be it the common law or statutory law, in the Gold Coast.<ref>Asante "Over a hundred years of a national legal system in Ghana: a review and critique" 1988 ''Journal of African Law'' 31 70.</ref> Section 14<ref>This states that "the common law, the doctrines of equity, and Statutes of general application which were in force in England at the date when the colony obtained a local legislature, that is to say, on the 24th of July 1874, shall be in force within the jurisdiction of the court".</ref> of the Ordinance formalised the application of the common-law tradition in the country.

Ghana, after independence, did not do away with the common law system inherited from the British, and today it has been enshrined in the 1992 [[Constitution of Ghana|Constitution of the country]]. Chapter four of Ghana's Constitution, entitled "The Laws of Ghana", has in Article 11(1) the list of laws applicable in the state. This comprises (a) the Constitution; (b) enactments made by or under the authority of the Parliament established by the Constitution; (c) any Orders, Rules and Regulations made by any person or authority under a power conferred by the Constitution; (d) the existing law; and (e) the common law.<ref>According to Article 11(2) of Ghana's Constitution, the common law of Ghana shall comprise the rule of law generally known as the common law, the rules generally known as the doctrine of equity and the rules of customary law, including those determined by the Superior Court of Judicature.</ref> Thus, the modern-day Constitution of Ghana, like those before it, embraced the English common law by entrenching it in its provisions. The doctrine of judicial precedence which is based on the principle of ''stare decisis'' as applied in England and other pure common law countries also applies in Ghana.