Cameron Miranda
The United Kingdom of Great Britain and Northern Ireland comprises three legal jurisdictions: England and Wales, Scotland, and Northern Ireland. England and Wales operate under common law, which combines the passing of legislation with the creation of precedents through case law. Common law is a term with historical origins in the legal system of England, dating back to the Middle Ages, and has been administered by the common-law courts of England since. Scotland and Northern Ireland, on the other hand, have separate legal systems.
| Characteristics | Values |
|---|---|
| Type of Law | Common law |
| Legal System | Common law system |
| Basis | Precedent, tradition, custom |
| Law Declaration | Judges |
| Law Formation | Judicial decisions |
| Law Embodiment | Reports of decided cases |
| Administered by | Common-law courts of England |
| Administered since | Middle Ages |
| Current Jurisdiction | England, Wales, Northern Ireland |
| Criminal Law Decisions | Supreme Court of the United Kingdom has the authority to overrule and unify |
| Civil Law Cases | Supreme Court of the United Kingdom is the final court of appeal |
| Criminal Law Exceptions | Scotland, where the High Court of Justiciary has the authority |
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What You'll Learn
The UK's legal system is made up of three jurisdictions
The UK does not have a unified legal system. Instead, it is made up of three distinct legal jurisdictions: England and Wales, Scotland, and Northern Ireland. Each of these jurisdictions has its own unique legal system, history, and origins.
England and Wales operate under a common law system, which combines the passing of legislation with the creation of precedents through case law. Common law is made by sitting judges who apply both statutory law and established principles derived from previous decisions. This system primarily consists of criminal law and civil law, with each branch having its own courts and procedures.
Scotland has a separate legal system known as Scots Law, which has remained distinct from English law even after Scotland became part of the UK over 300 years ago. Scots Law includes its own criminal and civil law provisions, with the Court of Session being the highest civil court in Scotland.
Northern Ireland also has its own legal system, which operates independently from the other jurisdictions. While Northern Ireland shares Westminster as its primary legislature, its legal system is distinct and has its own courts and procedures.
The UK Supreme Court serves as the highest civil appeal court for all three jurisdictions, and its decisions are binding across England and Wales, Scotland, and Northern Ireland. This court also decides on devolution issues, determining whether the devolved executive and legislative authorities in the three jurisdictions have acted within their powers.
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Common law is the foundation of English law
The United Kingdom of Great Britain and Northern Ireland comprises three legal jurisdictions: England and Wales, Scotland, and Northern Ireland. England and Wales operate a common law system, which combines the passing of legislation with the creation of precedents through case law.
Common law is a term with historical origins in the legal system of England. It is the law declared by judges, derived from custom and precedent. Common law is made by sitting judges who apply both statutory law and established principles derived from the reasoning from earlier decisions. It is a system of law that gives great weight to judicial precedent and the style of reasoning inherited from the English legal system. Common law rules may be superseded or replaced by legislation, which is said to "trump" or take precedence over the common law.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality before the law, and the right to a fair trial are foundational to the system. Although the common law has historically been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations, and by-laws. In the absence of any statutory law, the common law with its principle of stare decisis forms the residual source of law, based on judicial decisions, custom, and usage.
The common law of England was largely created in the period after the Norman Conquest of 1066. The Anglo-Saxons, especially after the accession of Alfred the Great in 871, had developed a body of rules resembling those used by the Germanic peoples of northern Europe. Local customs governed most matters, while the church played a large part in government. Crimes were treated as wrongs for which compensation was made to the victim. The Norman Conquest did not bring an immediate end to Anglo-Saxon law, but a period of colonial rule by the mainly Norman conquerors produced change.
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Statutory legislation is the most authoritative law
The United Kingdom of Great Britain and Northern Ireland comprises three legal jurisdictions: England and Wales, Scotland, and Northern Ireland. England and Wales operate under a common law system, which combines the passing of legislation with the creation of precedents through case law. Common law is made by sitting judges who apply both statutory law and established principles derived from the reasoning from earlier decisions.
However, statutory legislation is the most authoritative law in the UK. This comprises Acts of Parliament, sometimes referred to as primary legislation, regulations, and by-laws. Acts of Parliament are the supreme law in the UK and can be amended or repealed by Parliament. Most Acts fall into one of two categories: Public General Acts of universal application, and Private Acts affecting only specified localities. Secondary legislation, or delegated legislation, refers to specialised rules and regulations issued by ministers or governmental entities under the authority of an Act of Parliament. These rules have the force of law and include Statutory Instruments, Orders in Council, and Orders of Council.
While the UK does not have a civil law system, most of its criminal law has been codified from its common law origins. Murder, for example, remains a common law crime rather than a statutory offence. Common law continues to serve as the residual source of law in the absence of any statutory 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.
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The UK is not a civil law system
The common law system in England and Wales has directly influenced the legal system in Northern Ireland, but only partially influenced the distinct legal system in Scotland. Scotland and Northern Ireland form part of the United Kingdom and share Westminster as a primary legislature, but they have separate legal systems outside of English law.
The common law system in England and Wales is built upon case law, with "common law" referring to the judge-made law of the King's Bench. The common law includes both substantive rules, such as the offence of murder, and procedural ones, such as court procedure rules derived from the inherent jurisdiction of the court. Common law rules may be superseded or replaced by legislation, which takes precedence over common 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. The Supreme Court has the authority to overrule and unify criminal law decisions of lower courts and is the final court of appeal for civil law cases in England, Wales, and Northern Ireland. However, criminal law cases in Scotland are exempt, with the High Court of Justiciary holding the power to overrule and unify criminal law decisions.
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Civil law is founded on Roman law
The United Kingdom of Great Britain and Northern Ireland is made up of three legal jurisdictions: England and Wales, Scotland, and Northern Ireland. England and Wales operate under a common law system, which combines the passing of legislation with the creation of precedents through case law.
Civil law, on the other hand, is founded on the ideas of Roman law. Roman law, or the law of ancient Rome, was in use from the city's founding in 753 BCE until the fall of the Western Empire in the 5th century CE. It continued to be used in the Eastern or Byzantine Empire until 1453. As a legal system, Roman law has influenced the development of law in most of Western civilization and parts of the East. It forms the basis for the law codes of most countries in continental Europe and derivative systems elsewhere.
During the period of the republic (753–31 BCE), the Romans developed jus civile (civil law), which was based on custom or legislation and applied only to Roman citizens. By the middle of the 3rd century BCE, the Romans had developed another type of law, jus gentium (law of nations), which was applied to both citizens and foreigners. The practical differences between jus civile and jus gentium ceased to exist by the 3rd century CE when citizenship was extended throughout the empire. The Romans also divided their law into jus scriptum (written law) and jus non scriptum (unwritten law or custom).
Some modern legal concepts, such as block voting in the US electoral college, originate from ideas found in the Roman constitution. The basic form of contract in Roman law was stipulatio, which took the form of a question-and-answer format. Another legal action in Roman law was rei vindicatio, through which the plaintiff demanded that the defendant return something that belonged to the plaintiff.
Thus, civil law is founded on Roman law, which has had a lasting influence on legal systems worldwide.
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Frequently asked questions
Yes, the UK is a common law country. England and Wales operate a common law system, as does Northern Ireland. Scotland has a separate legal system from the rest of the UK, with a distinct criminal law system. However, for civil cases, Scotland shares the Supreme Court with England, Wales and Northern Ireland.
Common law is a body of customary law based on judicial decisions and precedent. It is derived from custom and earlier decisions, and is made by sitting judges. Common law can be amended or repealed by Parliament.
Civil law is based on a code of laws, such as the Code Napoleon in France. It is founded on the ideas of Roman law. Common law, on the other hand, is based on precedent and judge-made law. It is the law declared by judges, derived from custom and earlier decisions.
In the UK, common law is the foundation and prime source of English law. However, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. Common law forms the residual source of law in the absence of statutory law.
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