Would you necessarily say that common law precedents are a form of top-down law?
Since precedents are formed in the particulars of specific cases -- with the parties involved in the case directly participating in the arguments brought to the court -- and are then broadened and deepened as they are applied to more and more cases, I would consider this the most bottom-up form of law.
Participatory democracy can be, and often is, much more of a top-down proposition, and is largely responsible for the modern accumulation of statutory cruft.
Since precedents are formed in the particulars of specific cases -- with the parties involved in the case directly participating in the arguments brought to the court -- and are then broadened and deepened as they are applied to more and more cases, I would consider this the most bottom-up form of law.
Participatory democracy can be, and often is, much more of a top-down proposition, and is largely responsible for the modern accumulation of statutory cruft.