paddymurphy
Gold Member
- Jun 9, 2015
- 4,020
- 632
It is written. In court opinions. Try reading one.I did not say or imply it was. But your claim that court precedent is not law is ridiculously wrong. More evidence of how profoundly uninformed you are.They are law. Ever hear the
They are law. There is common law. A set of legal rules and principles established through case law. There is constitutional law which includes the constitution and the body of case law that interpret, construe and apply the constitution. Personal injury and tort law is based almost entirely on cases. Very little is addressed by statutes.You have no idea what you are talking about. Court decisions carry the force of law. Therefore it is law. No legislation is forthcoming or necessary. The laws previously passed by the states prohibiting same sex marriage are in the recycle bin. Plain and simple. Even if technically "on the books" they are unenforceable.
So where is the law? if Roe V Wade is overturned tomorrow abortion becomes illegal in a bunch of states, because the law is still in place, but in a place like NY is goes on, because NY got around to passing a law protecting it.
Decisions may have the force of law, but they are not law.
Then why is the above situation I describe possible?
Also, the US system is not completely common law, as you are implying.
it's not written law, passed law, and is only as strong as the decision it is based on. Get rid of the decision and the written passed law wins out.