Keith Mack
The United Kingdom has three distinct legal systems: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. However, there have been calls for a fourth type of law specific to Wales, especially since Welsh devolution. The main branches of law in the UK include criminal law, civil law, administrative law, constitutional law, international law, and corporate law.
| Characteristics | Values |
|---|---|
| Number of distinct legal systems in the UK | 3 |
| Legal systems | English law (England and Wales), Scots law, Northern Ireland law |
| Calls for a fourth legal system | Welsh law |
| UK's highest civil appeal court | Supreme Court of the United Kingdom |
| Branches of law | Criminal law, civil law, administrative law, constitutional law, international law, corporate law |
| Types of crimes | Manslaughter, murder, theft, robbery, regulatory offences, statutory offences |
| Number of classes of criminal offences | 3,500 |
| Defences in criminal law | Self-defence, intention, necessity, duress, diplomatic immunity, diminished responsibility, provocation, suicide pact |
| Types of civil law | Contract, tort, family, property law |
| Types of tort | Negligence, nuisance, defamation, misuse of private information |
| Types of criminal law | Felonies, misdemeanours |
| Types of corporate law | Company law, commercial contract law |
| Types of international law | Shipping law, maritime law, law of the sea |
| Types of media law | Media law, information law, communications law |
| Types of law in human rights | Equality, discrimination, freedom of speech, prisoners' rights |
| Types of law in insurance | Transactional aspects, tax, regulations |
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What You'll Learn
Criminal law
The United Kingdom has three distinct legal systems: 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, as a result of Welsh devolution.
English criminal law concerns offences, their prevention, and the consequences. Criminal conduct is considered a wrong against the whole community rather than just the private individuals affected. The state has a responsibility for crime prevention, bringing culprits to justice, and dealing with convicted offenders. The police, criminal courts, and prisons are all publicly funded services.
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Civil law
The United Kingdom has three distinct legal systems: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. There have also been calls for a fourth type, that of purely Welsh law, as a result of Welsh devolution.
In the UK, civil law may be distinguished from criminal law, secular law (as opposed to ecclesiastical or religious law), and common law. For example, a criminal case may be decided in a civil court if that court is secular rather than religious. However, a civil court in the Chancery Division of the High Court would not hold a murder trial; instead, such a case would be heard in a criminal court, such as the Crown Court. Civil law covers a range of areas, including contract law, media law, information law, communications law, family law, and tort law.
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Administrative law
The United Kingdom 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 of law, specific to Wales, following Welsh devolution.
A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. A claimant can argue that a public body's decision was unlawful in five main types of cases:
- The public body exceeded its lawful power or used its power for an improper purpose.
- The public body failed to uphold legitimate expectations.
- The public body failed to exercise independent judgement, for example, by fettering their discretion.
- The public body failed to act with procedural fairness, for example, by failing to give reasons for a decision.
- The public body acted in a way that violated human rights.
As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed, or for an order to make the body do something or prevent the body from acting unlawfully. A court may also declare the parties' rights and duties, give an injunction, or order compensation.
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Constitutional law
The United Kingdom 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: purely Welsh law, as a result of Welsh devolution.
The UK constitution has its roots in the Magna Carta of 1215, which required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, free the church from the state, and enshrine the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution of 1688, Parliament won supremacy over the monarch, the church, and the courts. The Bill of Rights of 1689 recorded that the "election of members of Parliament ought to be free".
In recent history, four main factors have developed Parliament's sovereignty in practical and legal terms. Firstly, since 1945, international cooperation has meant Parliament has augmented its power by working with other sovereign nations, rather than trying to dominate them. Secondly, the British Empire, which once colonized a quarter of the world's population and a third of its land, was weakened by World War I and disintegrated after World War II. Thirdly, the UK's military power before World War I had been largely unmatched, but the country's relative power has declined since. Finally, the UK's economic power has also declined, and the country now relies on international trade and cooperation for its economic wellbeing.
The Human Rights Act of 1998 marked a significant shift in the relationships between the individual and the state, and between the courts and the political branches of government. The Act incorporated the European Convention on Human Rights into UK law, requiring courts to review whether legislation is compatible with international human rights norms. These norms protect everyone's rights against government or corporate power, including liberty against arbitrary arrest and detention, the right to privacy against unlawful surveillance, the right to freedom of expression, freedom of association, and the freedom of assembly and protest.
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Scots law
The roots of Scots law can be traced back to various historical sources and cultural influences. Before the 12th century, Scots law was influenced by the different legal traditions of the Gaels, Britons, Anglo-Saxons, and Norse cultural groups inhabiting the country. The introduction of feudalism in the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which gradually incorporated Anglo-Norman and continental legal traditions.
Roman law also influenced Scots law, particularly after the 15th century, when it was adopted in court arguments to settle disputes where no native Scots rule existed. The Union with England Act of 1707 further influenced Scots law, as Scotland began sharing a legislature with England and Wales. However, Scotland retained its fundamentally different legal system.
The Scottish legal system recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on devolved matters and the United Kingdom Parliament on reserved matters. The Court of Session, instituted by King James V in 1532, is the supreme Scottish court. It has original jurisdiction over a wide range of cases and also serves as an appellate court, hearing appeals from lower courts.
While Scots law has distinct features, it has also been influenced by European Union law due to the UK's former membership. Additionally, the merging of Scots and English law has occurred in certain fields, such as mercantile law, due to shared statutes and the influence of Scottish legal text writers and English authorities in Scottish courts.
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Frequently asked questions
There are three distinct legal jurisdictions in the UK: England and Wales, Northern Ireland, and Scotland. Each of these jurisdictions has its own set of laws and legal traditions.
The main branches of law in the UK include criminal law, civil law, administrative law, constitutional law, international law, and corporate law.
Criminal law relates to crime and the legal punishment of criminal offences. It defines certain behaviours as crimes and stipulates penalties, such as imprisonment, fines, community service, or probation.
Civil law deals with disputes between individuals or organisations. It does not involve prosecution by the state but focuses on restoring rights and providing compensation to those wronged.
Criminal law primarily deals with actions against the state or public, while civil law deals with disputes between private parties, such as contract disputes or torts.
