Common law, equity, and statute: The effect of juridical sources on Choice-of-Law methodology

• Main Author: YEO, Tiong Min
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2023
• Subjects: Conflict of laws; choice of law methodology; domestic sources of law; Common Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4287
• Institution: Singapore Management University

Methodological issues in choice of law can arise in Anglo-Commonwealth common law systems because of the structure of legal rules in such systems. Statutes override judge-made law, even if judges are the ultimate authority on the question of interpretation. Within judge-made law, equitable principles override the common law in the event of conflict. Most of the choice of law rules have been developed in the courts within the common law (as opposed to the equitable) jurisdiction. It has sometimes been argued that different choice of law approaches should apply when the equitable principles or statutory law of the forum are invoked. The main contours of the controversies and the practical implications of the different approaches that have developed in common law systems are examined.