<P> Professor John Makdisi's article "The Islamic Origins of the Common Law" in the North Carolina Law Review theorized that English common law was influenced by medieval Islamic law . Makdisi drew comparisons between the "royal English contract protected by the action of debt" and the "Islamic Aqd", the "English assize of novel disseisin" (a petty assize adopted in the 1166 at the Assizes of Clarendon) and the "Islamic Istihqaq", and the "English jury" and the "Islamic Lafif" in the classical Maliki school of Islamic jurisprudence, and argued that these institutions were transmitted to England by the Normans, "through the close connection between the Norman kingdoms of Roger II in Sicily--ruling over a conquered Islamic administration--and Henry II in England ." Makdisi also argued that the "law schools known as Inns of Court" in England (which he asserts are parallel to Madrasahs) may have also originated from Islamic law . He states that the methodology of legal precedent and reasoning by analogy (Qiyas) are also similar in both the Islamic and common law systems . Other legal scholars such as Monica Gaudiosi, Gamal Moursi Badr and A. Hudson have argued that the English trust and agency institutions, which were introduced by Crusaders, may have been adapted from the Islamic Waqf and Hawala institutions they came across in the Middle East . Paul Brand also notes parallels between the Waqf and the trusts used to establish Merton College by Walter de Merton, who had connections with the Knights Templar . </P> <P> In 1276, the concept of "time immemorial" often applied in common law was defined as being any time before 6 July 1189 (i.e. before Richard I's accession to the English throne). </P> <P> Since 1189, English law has been a common law, not a civil law system; in other words, no comprehensive codification of the law has taken place and judicial precedents are binding as opposed to persuasive . This may be a legacy of the Norman conquest of England, when a number of legal concepts and institutions from Norman law were introduced to England . In the early centuries of English common law, the justices and judges were responsible for adapting the system of writs to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law . An example is the Law Merchant derived from the "Pie - Powder" Courts, named from a corruption of the French pieds - poudrés ("dusty feet") implying ad hoc marketplace courts . </P> <P> Following Montesquieu's theory of the "separation of powers", only Parliament has the power to legislate; but in the event of a statute being ambiguous, the courts have exclusive power to decide its true meaning, using the principles of statutory interpretation . Since the courts have no authority to legislate, the "legal fiction" is that they "declare" (rather than "create") the common law . The House of Lords took this "declaratory power" a stage further in DPP v Shaw, where, in creating the new crime of "conspiracy to corrupt public morals", Viscount Simonds claimed the court had a "residual power to protect the moral welfare of the state". As Parliament became ever more established and influential, Parliamentary legislation gradually overtook judicial law - making such that today's judges are able to innovate only in certain very narrowly defined areas . </P>

Who established a system of common law in england
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