The laws governing taxation, trade and commerce, labor relations, and governmental operations, as well as the
principle of judicial precedent, are all derived from American laws and traditions.
In this space I frequently moan about the danger of mediation stemming the
flow of judicial precedent, but here is a nice legal question answered by the Court of Appeal for Ontario this month.
It is clear that the court was driven to this conclusion by a sense that it was constitutionally required to «proceed with caution», given the practical implications of immediate disapplication and the perceived
lack of judicial precedent for such an approach.
A common law system is the system of jurisprudence that is based on the
principle of judicial precedent, the principle under which the lower courts must follow the judgments of the higher courts, rather than on statutory laws.