The Common Law Through Commonwealth Eyes

4 Pages Posted: 20 Mar 2014 Last revised: 1 Sep 2016

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: 1998

Abstract

This article is based on a speech Sir Robin gave at the Inner Temple in honour of Lord Goff of Chieveley. In it, he discusses the development of the common law. Sir Robin considers that the common law has shifted from a primary focus and application of English judicial decisions to a more cosmopolitan approach, including divergences in Commonwealth jurisdictions from the English common law in certain areas of law. He observes a two-way relationship developing between the English and other Commonwealth jurisdictions. As other Commonwealth countries become more confident in diverging from English common law, the English courts have increasingly treated other Commonwealth decisions as valuable comparative materials. Abstract by Elizabeth Chan.

Keywords: Lord Cooke, Commonwealth jurisdictions, common law, comparative law, divergence

JEL Classification: K10

Suggested Citation

Cooke, Robin, The Common Law Through Commonwealth Eyes (1998). (1998) 2 Inter Alia Spring 45, Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 37/2016, Available at SSRN: https://ssrn.com/abstract=2411224

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

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