The Concise Oxford Dictionary of Politics (48 page)

The good which is common to—that is, shared by—a number of persons; or, the good of a collectivity which cannot be disaggregated. The first standpoint takes the view that the good of a collectivity can be no more than the good of particular persons. The second supposes that the good or well-being of an entity like an association may be divorced, to some degree, from that of specific individuals presently constituting it. The whole notion of a common good was attacked by
Schumpeter
, who claimed that democratic theory had aimed to promote it, but that it was impossible to discover its content. However, peace and community may be quoted as examples of such goods, for each is obtainable by anybody only if attainable by (almost) everybody.
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In modern usage, frequently used to denote unwritten law which is generally derived from cases decided by courts, and not from the express authority contained in a statute. As a general term the common law may express the general customs of English law (and those in legal systems derived from England, such as that in the United States), originating from its medieval inheritance, which refers to early laws, unwritten in form but administered by the common law courts. The distinction between common law and statute is frequently made to denote the existence of customary law and its development.
The common law may also refer to the earlier development of English law administered by the common law courts before the Judicature Acts 1873–5. Then, the distinction between Common Law courts and the Court of Chancery which administered
equity
was an important one. After the Judicature Acts and especially since the Judicature Act 1925 which set up the
Supreme Court
, the courts have developed common law principles alongside doctrines in equity. In English law the Supreme Court is distinct from countries with written constitutions that provide for a Supreme Court to have ultimate legal authority. The Supreme Court does not have such a jurisdiction in the United Kingdom as its decisions may be overturned by Act of Parliament.
The common law, as a general classification, contains the distinction between civil and criminal law. The former refers to the law of contract and tort. The latter refers to the law of crime. This distinction is an important one in understanding both substantive and procedural law.
As the common law is developed by the judges, so it is not found in a written form comparable to statutory law. Instead the principles of the common law have developed gradually on the strength of decided cases. The inherent flexibility of the common law has been a strength of the English legal system and permitted continuity with change. Milsom has written ‘the common law is the by-product of an administrative triumph, the way in which the government of England came to be centralized and specialized during the centuries after the conquest’ (
Historical Foundations of the Common Law
, 1981). The future of the common law is constrained by the predisposition to statutory enactments as part of the development of European law. The vast detail and complexity of the law is more often to be found in European directives and laws as a requirement of modern government. For that reason, the term common law may best be understood to refer to techniques of interpretation and analysis employed by judges to understand and interpret statutes. Judges will continue to shape and guide the future development of English law, drawing on the flexibility of principles inherent in the common law tradition.
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When the integration of a group of national economies is taken beyond the stage of a
customs union
by the adoption of common economic policies and the facilitation of free movement of capital and labour, a common market results. The most accomplished example is the
European Union
.
CJ 

 
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The Commonwealth evolved from the meetings between Britain and the self-governing dominions of Australia, Canada, South Africa, and New Zealand during and after the First World War. The
Statute of Westminster
, 1931, confirmed the dominions' status as quasi-sovereign states, bound together voluntarily by the British Crown. During the Second World War the dominions assumed the powers of sovereign states (they, rather than Britain, declared war on Germany, and the dominion of Ireland decided to remain neutral). In 1947 India, Pakistan, and Ceylon became dominions and members of the Commonwealth, Burma chose not to join on gaining independence in 1948, and in 1949 Ireland left the Commonwealth. In 1949 India became a republic, but chose to remain within the Commonwealth.
The Commonwealth is dominated numerically by poor states in Africa, Asia, the Caribbean, and the Pacific who joined on obtaining independence. Dependencies and colonies such as Hong Kong and the Falklands are not members. Namibia, which was formerly ruled by South Africa, chose to become a member in 1990; three states have left Ireland, South Africa in 1961 (though it rejoined in 1994), and Fiji in 1987. Pakistan left in 1972 but subsequently rejoined.
Only seventeen members have chosen to remain as monarchies with the British Crown as head of state (represented locally by a Governor-General). The Commonwealth role of the Crown is therefore that of head of the Commonwealth.
In 1965 a small secretariat was established. Heads of government meet biennially to discuss a broad agenda, and other ministers also meet regularly. In the 1980s the Common-wealth's agenda was dominated by
apartheid
, and, on the issue of sanctions against South Africa, Britain was frequently in an awkward minority of one. However, the Commonwealth operates by consensus and persuasion, rather than by binding vote.
About 70 per cent of Britain's state-to-state development aid continues to go to Commonwealth states. The organization also serves as a useful consultative mechanism for its members, but its significance in foreign and economic policies of its members, including Britain, appears to be gently subsiding.
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