The Common Law Through Commonwealth Eyes
(1998) 2 Inter Alia Spring 45
Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 37/2016
4 Pages Posted: 20 Mar 2014 Last revised: 1 Sep 2016
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: Suggested Citation