How is common law primarily developed?

Common law is primarily developed through customs and court decisions, which reflect the legal precedents established in previous cases. This body of law evolves over time as courts interpret legislation, apply principles to various situations, and set precedents that future courts may follow. Each decision builds upon the last, allowing for consistency and stability within the legal system, while also permitting adaptation to changing societal norms and values.

Unlike legislative actions, which involve the creation of statutes by elected bodies, common law arises organically from the judicial process. Judicial decisions are guided by established principles and previous rulings, creating a layered and rich tapestry of laws that are rooted in specific cases and established customs. This is distinct from executive orders, which are directives issued by the executive branch and do not contribute to the common law framework. Public opinion polls no longer have a direct bearing on the legal precedents themselves; they may inform legislative changes but do not directly influence court decisions. Thus, the development of common law emphasizes the role of judiciary processes and established customs within a system of case law.