Kara Sears
The United Kingdom has a complex legal system with a variety of historical influences. While there is no definitive answer to the number of laws in the UK, there are over 4000 UK Public General Acts, though not all are currently in force. The UK also has three distinct legal jurisdictions: England and Wales, Northern Ireland, and Scotland, each with its own legal traditions and statutes. The UK's legal system has had a significant influence on the laws of its former colonies and Commonwealth realms, and it continues to evolve through the implementation of Statutory Instruments and new Acts of Parliament.
| Characteristics | Values |
|---|---|
| Number of UK Public General Acts | 4444 |
| Number of Ministerial Orders | 116 |
| Number of Statutory Instruments issued annually | 3000 |
| Number of Government Bills considered in the House of Commons in 2015/16 | 26 |
| Number of Government Bills given Royal Assent in 2015/16 | 23 |
| Number of Private Members' Bills given Royal Assent in 2015/16 | 6 |
| Number of Retained EU Law (REUL) and assimilated law | 6911 |
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What You'll Learn
The UK's legal systems
The UK does not have a single legal system. Instead, it has three distinct legal systems, each with its own unique characteristics and applicable to specific geographical areas. These are English law (which also applies in Wales), Scots law, and Northern Irish law. Notably, Wales has sought to establish its own distinct Welsh law, which would make it the fourth distinct legal system within the UK.
English law, which applies in England and Wales, follows a common law system. This means that laws are established through the passing of legislation by Parliament, which consists of the Monarch, the House of Commons, and the House of Lords. The House of Commons is directly elected by the people, and the Prime Minister is traditionally a member of this House. The legal system in England and Wales also recognises the creation of precedents through case law, where judicial decisions in specific cases form the basis for future similar cases.
Scots law has retained its distinctiveness despite Scotland being part of the UK for over 300 years. The Scottish Parliament and Government, established in 1999, have legislative competence in domestic areas, contributing to the ongoing development of Scots law. Scots law has also been influenced by European law under the Treaty of Rome since the UK's accession to the European Communities in 1973.
Northern Irish law is also a common law system, closely resembling English law due to the historical rule of England over Ireland. The courts of Northern Ireland administer this legal system, with the Supreme Court of the United Kingdom serving as the highest court for civil and criminal appeals.
Wales, while not possessing a fully separate legal system, has its own primary and secondary legislation generated by the Senedd. This legislation is interpreted in accordance with English law, except in cases where Welsh legislation supersedes English common law due to its superior legal form. The Commission on Justice in Wales, established in 2017, has recommended the full devolution of the justice system in Wales, which would establish it as a distinct fourth jurisdiction within the UK.
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The UK's highest civil appeal court
The United Kingdom has three distinct legal systems, each deriving from a particular geographical area: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. There have been calls for a fourth type, that of purely Welsh law, following Welsh devolution. The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions. The Supreme Court is the final court of appeal for all civil cases in the UK and all criminal cases originating in England, Wales, and Northern Ireland, as well as some limited criminal cases from Scotland. It usually sits in the Middlesex Guildhall in Westminster but can sit elsewhere, such as Edinburgh, Belfast, or Cardiff.
The Supreme Court hears cases of the greatest public or constitutional importance affecting the whole population. It also hears appeals from the Court of Appeal (Civil Division) and the Court of Appeal (Criminal Division) in England and Wales, and from the Court of Session in Scotland. The Court of Appeal is the highest court within the Senior Courts of England and Wales and was created in 1875. It comprises 39 Lord Justices of Appeal and Lady Justices of Appeal, with two divisions: Criminal and Civil. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice, and Family Court.
The Supreme Court is also the highest court of appeal in relation to Scottish civil cases, though the High Court of Justiciary is the highest court of appeal for Scottish criminal cases. The Supreme Court determines devolution issues from Scotland, Wales, and Northern Ireland, and hears cases on these matters. As a result, the court must include judges from the three distinct legal systems of the UK: England and Wales, Scotland, and Northern Ireland.
The Constitutional Reform Act 2005 outlines a new appointment process for Justices of the Supreme Court. An independent selection commission is formed when vacancies arise, composed of the President of the Supreme Court, another senior UK judge, and a member of the Judicial Appointments Commission of England and Wales, the Judicial Appointments Board for Scotland, and the Northern Ireland Judicial Appointments Commission.
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The legal status of Wales
The United Kingdom's legal system is complex, with England, Wales, Scotland, and Northern Ireland each having distinct legal jurisdictions. While Wales has its own legal jurisdiction, separate from Scotland and Northern Ireland, it shares a system with England, with laws made in Wales considered part of English law.
The history of Welsh law dates back to the 10th century when Hywel Dda, king of most of Wales, compiled Welsh Law (Cyfraith Cymru), which codified existing folk laws and customs. This remained in force until the Statute of Rhuddlan in 1284, when Wales was annexed by England. In the 16th century, Wales was fully incorporated into the English legal system under the Laws in Wales Acts 1535 and 1542, also known as the Acts of Union of 1536 and 1543.
Since then, Wales has operated within a joint legal jurisdiction with England for nearly 500 years. However, in recent years, the law in Wales has increasingly diverged from that of England due to devolution. The Government of Wales Act 2006, amended by the Wales Act 2017, recognised the existence of Welsh law by acknowledging that while it forms part of English and Welsh law, the Senedd (Welsh Parliament) and Welsh Ministers make laws specific to Wales. This has led to growing calls for a separate Welsh legal jurisdiction, with proposals ranging from a complete separation from England to a ''distinct' jurisdiction that maintains a unified system.
The Law Council of Wales was established in 2019 to support the economic development and sustainability of law in Wales. The Senedd can pass laws in areas not explicitly reserved by Westminster, and there are also 'Wales-only laws' enacted by the UK Parliament, such as the Transport (Wales) Act 2006. While Wales has legislative power in certain areas, matters of justice are reserved for Westminster, and there have been calls for further devolution of justice and policing to the Senedd.
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The UK's legal relationships with former colonies
The United Kingdom has legal relationships with many territories outside its borders, including sovereign states that share a monarch and judicial institutions with the UK, and dependencies where the UK government, parliament, and crown retain some power. Most countries that have gained independence from the UK are no longer subject to the British parliament, monarchy, or courts, and consist of a mix of republics and local monarchies with no relationship to the House of Windsor. However, the UK still retains sovereignty over 14 territories outside the British Isles, known as British Overseas Territories, which were renamed from "British Dependent Territories" in 2002 and “Crown Colonies” in 1983.
Many of the UK's former colonies and protectorates are now members of the Commonwealth of Nations, a voluntary association of equal members with a population of around 2.2 billion people. The Commonwealth, an informal group of independent former British colonies, was originated by the Statute of Westminster, which granted legislative independence to the Dominions, or self-governing colonies. The 15 Commonwealth realms, including the UK, voluntarily share King Charles III as their head of state and are distinct and equal legal entities. These nations include Australia, Canada, New Zealand, Antigua and Barbuda, The Bahamas, Belize, Grenada, Jamaica, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, and Tuvalu.
The Westminster system of parliamentary democracy and English common law have served as templates for the governments and legal systems of many former colonies, and almost every former colony that emerged as an independent democratic state was a former British colony. The British Judicial Committee of the Privy Council still serves as the highest court of appeal for twelve former colonies. Additionally, international commercial contracts are often based on English common law.
The UK maintains close ties with several of its former colonies, including Malaysia, the UAE, the US, and New Zealand, as well as other Commonwealth nations. These relationships are shaped by historical and cultural links, diaspora communities, economic partnerships, and geopolitical interests. For example, British companies are heavily invested in sectors like real estate, finance, and technology in the UAE, and France provides aid and financial assistance to its former colonies in West Africa through mechanisms like the CFA franc.
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The number of UK Public General Acts
The United Kingdom has a complex legal system, with a variety of legislation types, including Acts of Parliament, which are primary legislation passed by the UK Parliament in Westminster, London. An Act of Parliament can be enforced in all four UK constituent countries: England, Scotland, Wales, and Northern Ireland.
Public general acts form the largest category of legislation, affecting the public general law applying to everyone across the entire United Kingdom or at least one of its constituent countries. Most public general acts proceed through Parliament as public bills, although occasionally a bill is treated as a hybrid. Hybrid bills are a combination of public and private bills, proposing changes to the general law while also containing provisions applying to specific individuals or bodies. Once passed, these hybrid bills are printed as part of the public general acts.
While the number of Acts has generally declined over the last 40 years, the number of Statutory Instruments (SIs) has increased. SIs are a form of secondary legislation issued by Ministers under the powers granted by Acts of Parliament. From 2010 to June 2019, an average of 3,000 UK SIs were issued annually.
According to legislation.gov.uk, there are 12,036 UK Public General Acts. However, it is important to note that not all of these are currently in force, as this includes repealed legislation. For example, in 2019, there were 31 Public General Acts, while in 1803, there were two.
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Frequently asked questions
There are 4444 UK Public General Acts, but not all are in force as this includes repealed legislation.
The UK has three distinct legal systems: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. Since 2007, there have been calls for a fourth type, that of purely Welsh law.
The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions.
On average, 3,000 UK SIs were issued annually from 2010 to June 2019.
