Mechanisms of the English common law Mechanisms of the English common law In the English system of common law, judges have devised a number of mechanisms to allow them to cope with precedent decisions. According to Montesquieu, it is Parliament that has the rightful power to legislate, not the judiciary. The legal fiction is that judges do not make law, they merely "declare it". Thus, common law is declaratory, and this is often retrospective in effect. For example, see "Shaw v DPP" and "R v Knuller" In the search for justice and fairness, there is a tension between the needs for, on one hand, predictability and
Word order order occur due to topicalization or in questions. However, most languages are generally assumed to have a basic word order, called the unmarked word order; other, marked word orders can then be used to emphasize a sentence element, to indicate modality (such as an interrogative modality), or for other purposes. For example, English is SVO (subject-verb-object), as in "I don't know that", but OSV is also possible: "That I don't know." This process is called topic-fronting (or "topicalization") and is common. In English, OSV is a "marked word order" because it emphasises the object, and is often accompanied by a