Common law navigation rights

[grumpybum]

I think I am correct in saying that Statute Law will over-ride Common Law and Case Law, but the latter two 'should' have a large baring on the passing of legislation.

 

I will stand corrected if wrong.

 

My understanding of the law is that a statute is put on the books. It actually means nothing till its challenged in a court of law. The out come of this trial is called Case Law. Its what the lawyers then refer to when further cases come to trial

[andy_youngs]

Sorry to bring this to the top again. I appreciate it's a sensitive subject for many people, but it's also topical and, I think, in the general interest to give it a good airing.

 

Go to http://www.senedd.tv/archiveplayer.jsf and click on the following video recordings of the Sustainability Committee meetings into access to inland waterways :-

 

24 September 2009 - scrutiny of the views of the Environment Agency and Canoe Wales

 

8 October 2009- scrutiny of the views of the Countryside Council for Wales and the Federation of Welsh Anglers.

 

These video recordings go on for several hours each, so it's only for those who have a genuine interest, but I found them absolutely fascinating. This debate concerns us all.

Edited October 14, 2009 by andy_youngs

[andy_youngs]

I will stand corrected if wrong.

 

My understanding of the law is that a statute is put on the books. It actually means nothing till its challenged in a court of law. The out come of this trial is called Case Law. Its what the lawyers then refer to when further cases come to trial

 

Well, nearly correct I think. Once an Act of Parliament is put on the books (ie, signed off by HM), then it becomes a statute, and is enshrined into the law. A statute can be challenged sure enough, by any citizen. But no matter what the outcome is, it is still the law until such time as it is altered / repealed by another statute.

 

Common Law however works in a slightly different way. This is based on precident from past cases that have gone before the Courts.

 

The general principal as I understand it is that statute law takes precidence. However if the issue is not covered by statute then common / case law will be applied. Finally, if an issue is not covered by statute / common law, then canon / church law will come into play.

 

Like you Grumpybum, I will stand corrected if wrong.