1. Interpretation of Legislation.
Common law judges have a role to interpret legislation. They have the responsibility to interpret what the law means and how it should be applied in a particular case.
When a legislation is unclear or ambiguous, they use their legal expertise and principles of statutory interpretation to determine the statute's intended scope and application.
2. Adversarial System.
Common law system is based on adversarial system. In adversarial system, lawyers for plaintiffs and defendants present their respective cases, evidence and arguments to the court before judges. The judges play the role of impartial arbiter, listening to the arguments of the parties involved and decide on the case based on the evidence that has been presented.
3. Filling in Gaps in the Law.
In instances where there is no specific legislation addressing a particular case which has been brought before the judges, they have the role of finning in gaps and developing a law.
They create laws through the principles of fairness, justice and equity.
4. Narrow Issue Resolution.
Common law judges focus on addressing the specific issue directly related to the case before them. They focus on resolving the immediate case rather than getting involved in broader legal consideration.
5. Adjudicatory discretion
Common law judges have the power to decide the case before them based on their own interpretation of law.
6. Limited Role in Initiating Issues
In general, common law judges won't discuss or rule on the issues that the parties themselves didn't present to the court.
Other important principles include:
1. Stare decisis: According to the principle of stare decisis, which means "to stand by things decided," lower courts in a given jurisdiction must be followed by higher courts. This promotes the fair and consistent application of the law.
2. Presumption of Innocence
Until they are proven guilty beyond a reasonable doubt, defendants in criminal cases are deemed innocent. It follows that the prosecution has the burden of proving the defendant's guilt, and the defendant does not have to do the same.
3. Right to Fair Trial.
Those accused of a crime have the right present evidence as well as right to legal representation.