Bermuda
Legal System
Overview
The law of Bermuda is based on the common law legal system of England and Wales. Generally speaking common law, as opposed to civil or socialist law, is a type of legal system where legislation is continually evolving. Courts refine and create laws on a case-by-case basis. When resolving a legal dispute, in the ideal world, a common law court looks to precedents set by other courts. What this means is that when a court is resolving a dispute, it must look to see if a similar dispute was resolved in the past. If one has, then the present day court is obligated to following the same reasoning used in the prior case; this principle is called stare decisis. On the other hand, if the dispute is totally unique, the court may resolve the matter itself using general guidelines. This new decision then becomes the precedent to which all future cases are bound. Over the years, the precedents created by past decisions coalesce into a complicated set of rules that apply to a wide array of case; this collection of rules is known as “common law”. Of course, common law systems are much more complex in practice, nevertheless the principle of stare decisis as described above, is the foundation of all common law systems.
Sources of Law
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English and Welsh law as it stood in 1620 of all kinds, including common law, equity and statute, became the law of Bermuda at that time. To the extent that other sources have not changed it these laws remain in effect in Bermuda.
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The Parliament of Bermuda enacts statutes on all domestic legal issues.
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Precedents established in Bermuda courts are binding on equal and lower courts.
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Bermuda has a body of delegated legislation.
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Precedents established in English and Welsh courts have force in Bermuda to the extent that they are "on-point". This is problematic because Bermuda statute law and England and Wales statute law usually differ from one another.
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Latest news
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Officials unified before transportation panel hearing - Press-Enterprise
Google News - Bermuda, 17-February-2008
[full story]
Officials unified before transportation panel hearing
Press-Enterprise, CA - 15 hours ago
Assemblyman John J. Benoit, R-Bermuda Dunes, said he would support spending bond money on Colton Crossing if it can be shown to have a public benefit. ... -
Clinton's not alone in the Lone Star State - Houston Chronicle
Google News - Bermuda, 17-February-2008
[full story]
Clinton's not alone in the Lone Star State
Houston Chronicle, United States - 16 hours ago
Houston attorney Arthur Schechter, who was Bill Clinton's ambassador to Bermuda, hosted a fundraiser for Hillary Clinton last year. ... -
US-Canada border questions - Myrtle Beach Sun News
Google News - Bermuda, 17-February-2008
[full story]
US-Canada border questions
Myrtle Beach Sun News, SC - 17 hours ago
... law, called the Western Hemisphere Travel Initiative, which sets the rules for entering (or returning) to the United States from Canada, Mexico, Bermuda ...