English Common Law = Judge made law. It’s a feature not a bug.
Yes, but that was in England without a Constitution like we have that is the Supreme Law of the land and cannot be validly broken without an amendment.
And the idea of "common law" can probably still be continued AS LONG AS it does not violate the Constitution as written and originally understood and intended. Given that, there's no conflict between our Free Constitutional Republic and constitutionally-based judge-made common law.