Only the legislated part of law is codified. In our American common law system, case law is, by definition, uncodified. So what judges are doing, is taking the codified legislation, and applying case law decisions in layers on top, to reach a final decision.
Only the legislated part of law is codified. In our American common law system, case law is, by definition, uncodified. So what judges are doing, is taking the codified legislation, and applying case law decisions in layers on top, to reach a final decision.