"The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases."
Common law is based on judicial rulings rather than statutes, statutes or regulations. Judges use legal precedents to interpret and apply laws to new environmental cases, setting new legal standards in the process.
Common law and its origins: The history and development of common law and its role in shaping environmental policy and law.
Constitutional law: The principles and framework of constitutional law and how it applies to environmental policy and law.
Administrative law: The rules and procedures governing administrative agencies and their role in environmental policy and law.
Environmental law: The legal principles and regulations that govern environmental protection and management.
Natural resources law: The legal framework that governs the use and conservation of natural resources, such as water, minerals, and forests.
Climate change law: The legal principles and regulations that govern the management of climate change, including greenhouse gas emissions and related issues.
International environmental law: The legal framework that governs international agreements and policies related to environmental protection and management.
Environmental justice: The legal principles and regulations that ensure equitable distribution of environmental benefits and burdens across different social groups.
Land use law: The legal framework that governs the use and development of land and its impact on the environment.
Energy law: The legal framework that governs the production and distribution of energy and its impact on the environment.
Toxic torts: The legal remedies for individuals and groups harmed by exposure to toxic substances.
Clean air and water laws: The legal principles and regulations that govern the protection of air and water quality.
Endangered species law: The legal framework that governs the conservation and protection of endangered species and their habitats.
Sustainability and green initiatives: The legal principles and regulations that promote sustainable practices and environmental stewardship.
Environmental ethics: The philosophy behind environmental policy and law, and the ethical considerations that shape environmental decision-making.
Water Law: Environmental law related to water, including water quality regulations, creation of wetlands, water allocation, and pollution controls.
Air Pollution Law: Environmental law that regulates air quality and limits industrial emissions that contribute to air pollution and climate change.
Toxic Substance Law: Environmental law that focuses on the regulation of toxic chemical substances used in manufacturing, production, and commerce.
Land Use Law: Environmental law that governs the use, development, and management of land resources.
Natural Resource Law: Environmental law related to the management and use of natural resources like forests, minerals, and fisheries.
Endangered Species Law: Environmental law that protects endangered species and their habitats from destruction or harm.
Hazardous Waste Law: Environmental law focused on the management, transportation, and treatment of hazardous waste materials.
Climate Change Law: Environmental law aimed at mitigating the impacts of climate change and reducing greenhouse gas emissions.
"Stare decisis, the principle that cases should be decided according to consistent principled rules so that similar facts will yield similar results, lies at the heart of all common law systems."
"The court is generally bound to follow the reasoning used in the prior decision."
"If the court finds that the current dispute is fundamentally distinct from all previous cases (a 'matter of first impression'), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue."
"The opinion that a common law judge gives agglomerates with past decisions as precedent to bind future judges and litigants."
"The common law, so named because it was 'common' to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066."
"The British Empire later spread the English legal system to its colonies, many of which retain the common law system today."
"The term 'common law', referring to the body of law made by the judiciary, is often distinguished from statutory law and regulations, which are laws adopted by the legislature and executive respectively."
"In legal systems that recognise the common law, judicial precedent stands in contrast to and on equal footing with statutes."
"The other major legal system used by countries is the civil law, which codifies its legal principles into legal codes and does not recognise judicial opinions as binding."
"Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law."
"Australia, Canada (both the federal system and all its provinces except Quebec), India, Ireland, Jamaica, Kenya, Malaysia, New Zealand, Pakistan, South Africa, Sri Lanka, the United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and 49 of its 50 states), and Zimbabwe."
"Antigua and Barbuda follows the common law system."
"The Bahamas and Barbados follow the common law system."
"Canada (both the federal system and all its provinces except Quebec), Cyprus, Ghana, Hong Kong, Liberia, Malta, Marshall Islands, Micronesia, Nauru, Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore, Trinidad and Tobago."
"The United States is known for its emphasis on judicial precedent within the common law system."
"The United Kingdom, including its overseas territories such as Gibraltar, still retains the common law system today."
"One-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law."
"India is an example of a mixed legal system that combines the common law with the civil law."
"The British Empire spread the English legal system to its colonies, many of which retain the common law system today."