OMBUDSMAN WATCHERS RESOURCE CENTRE

Common law

Substantive and procedural rules developed through decisions of courts and similar tribunals, commonly called judge made or case law, rather than through legislative statutes or executive action.

Substantive

A substantive rule is a rule about our behaviour. Examples: We can't steal or commit murder.

Procedural

How things should be done. Examples: The rules governing the admission of evidence or witnesses into court

Statute law

Law that has been created by Parliament in the form of legislation. Example below. The courts still have an important role to play in  determining the operation of legislation. Example: Statutory interpretation. This is despite the fact that there is no legislative or express democratic authority for the court to be law-makers.

Administrative law

Law concerning the powers and control of government agencies or those agencies granted statutory powers of administration. These powers include those necessary to operate the agency or to implement its purposes, and making quasi-judicial decisions (such as determining tax liability, granting licences or permits, or hearing complaints against the agency or its officers).