Who creates "common law" in the UK?

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Common law in the UK is primarily created by judges through their decisions in legal cases. This body of law evolves over time as courts interpret statutes, establish legal precedents, and apply these precedents to new cases. The principle of stare decisis, meaning that courts are bound to follow the decisions of higher courts, ensures consistency and predictability in the application of the law.

While Parliament creates statutes (statutory law), common law fills in the gaps and provides interpretations of these statutes. The role of judges is crucial as they not only apply existing laws to the cases they hear but also help develop the law further by setting new precedents that can influence future rulings. Other options, such as the Prime Minister, local councils, or Parliament directly crafting common law, do not reflect the judicial system's role in shaping this body of law.

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