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Statute Law (also known as Statutory Law or legislation) are written public laws set down by a legislature (parliament) or legislator (monarch) usually according to some codified form or generalized subject form. They are not to be confused with regulatory law which may be promulgated by the executive branch, or the private case law of the courts. |
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The Romantic Myth of the “Good Politicians” |
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As part of promoting the story of “nationalism”, most school children in western countries are taught the wonderful story how a group of far sighted and well meaning men came together to rid themselves of tyranny and form a democracy whereby the “will of the people” would be protected under law, through a representative body called a Parliament. |
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Thus most children and indeed most adults believe it is the highest parliament of nations that is the ultimate body that determines the laws of the society and that once a law is passed by vote, it shall be honored and obeyed. Yet is this accurate? In fact is this even remotely accurate when considering the nature of statute law or legislation? |
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Parliaments cover a lot of different subjects and there is no doubt that the passing of budgets and the payment of public officials depends heavily on the approval of various “Bills”. Similarly, the organization of the public service depends upon the way such departments and other bodies are formed through a constitution and associated statutes. But what about other kind of law? Family law? Commercial law and property law? This is where it starts to get a little confusing, especially when considering the operation of the courts. |
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The courts operate on case law, not statute law |
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Similar to the myth of the “good politicians”, a deliberately inaccurate myth is perpetuated that claims the private courts of the private merchant guilds known as the “Bar” operate in accordance to the wishes of the parliament and statute law. This is simply wrong. The courts operate according to case law. When a new statute is passed by parliament, certain courts of first impression may then “interpret” statute law into case law. |
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In other words, statute law has no meaning in the courts until it is “interpreted” in the interests of the private guild into their own private law form being case law. So while a defendant may seek to read legislation and wish to quote whole sections of certain codes, unless the codes have been interpreted by a court of first impression in such a manner, such research is largely meaningless. |
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