Keith Mack
The United Kingdom is divided into three main jurisdictions, or self-contained legal systems: England and Wales, Scotland, and Northern Ireland. The UK does not have a single legal system because it was created by the political union of previously independent countries. Each jurisdiction has its own laws, court system, lawyers, and judges. The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions. Civil cases usually start in the County Court and appeals will go to the High Court and then the Court of Appeal. An Act of Parliament creates a new law or changes an existing law, and an Act is a Bill that has been approved by both the House of Commons and the House of Lords and given Royal Assent by the Monarch.
| Characteristics | Values |
|---|---|
| Number of jurisdictions | 3 |
| Names of jurisdictions | England and Wales, Scotland, Northern Ireland |
| Courts | County Court, High Court, Court of Appeal, Supreme Court of the United Kingdom |
| Law-making bodies | Parliament, Senedd, National Assembly for Wales |
| Types of law | Common law, criminal law, civil law, public law, private law, statutory law |
| Sources of law | Primary, secondary |
| Basis of common law | Judicial decisions, custom, usage |
| Basis of statutory law | Acts of Parliament, regulations, by-laws |
| Law reform bodies | Law Commission, Parliament |
| International law relationship | Dualist |
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What You'll Learn
- The UK's legal system is divided into three main jurisdictions: England and Wales, Scotland, and Northern Ireland
- The UK's highest civil appeal court is the Supreme Court of the United Kingdom
- Common law is made by sitting judges and is derived from custom and precedent
- An Act of Parliament creates a new law or changes an existing law
- The UK's legal system was influenced by its former EU treaty obligations
The UK's legal system is divided into three main jurisdictions: England and Wales, Scotland, and Northern Ireland
The UK does not have a single, unified legal system. This is because the United Kingdom was formed by the political union of previously independent countries. As a result, the UK's legal system is divided into three main jurisdictions: England and Wales, Scotland, and Northern Ireland. Each of these jurisdictions has its own laws, court system, lawyers, and judges.
England and Wales share a legal system. The laws of England and Wales are made by the Parliament at Westminster and are enforced by a shared judiciary and court system. While Wales has a devolved parliament, any legislation it passes must adhere to the Government of Wales Act 2006, other legislation of the British Parliament, or any Order in Council given under the authority of the 2006 Act.
Scotland has its own distinct legal system, which has remained separate from English law despite Scotland becoming part of the UK over 300 years ago. Scots law has been influenced by English law since the formation of the Kingdom of Great Britain under the 1707 Acts of Union, and it has also been affected by European law under the Treaty of Rome. The Scottish Parliament and Government, established in 1999, legislate on all matters within domestic areas of legislative competence, creating a further major source of Scots law.
Northern Ireland also has a separate legal system, with its own courts and laws. While Northern Ireland shares the Parliament at Westminster as its primary legislature, it has the option of contracting under English, Scottish, or Northern Irish law in private law.
The UK's highest civil appeal court, the Supreme Court of the United Kingdom, is binding on all three jurisdictions.
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The UK's highest civil appeal court is the Supreme Court of the United Kingdom
The UK does not have a single legal system because it was formed by the political union of previously independent countries. As a result, there are three distinct legal jurisdictions in the United Kingdom: England and Wales, Northern Ireland, and Scotland. Each jurisdiction has its own legal system, with Scotland and Northern Ireland sharing Westminster as a primary legislature.
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 and Criminal Divisions) in England and Wales, and from the Court of Session in Scotland. Additionally, the Supreme Court determines devolution issues and hears cases on these matters from Scotland, Wales, and Northern Ireland. As a result, the Court is composed of judges from the three distinct legal systems of the UK, including twelve Scottish, English, Welsh, and Northern Irish judges.
The Constitutional Reform Act 2005 outlines a new appointment process for Justices of the Supreme Court, which involves an independent selection commission formed by 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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Common law is made by sitting judges and is derived from custom and precedent
The United Kingdom does not have a single legal system. This is because it was created by the union of previously independent countries, each with its own unique legal system and history. There are three distinct legal jurisdictions in the UK: England and Wales, Northern Ireland, and Scotland. Each jurisdiction has its own laws, court system, lawyers, and judges.
Common law is one such legal system, and it is the law declared by judges, derived from custom and precedent. It originated with the legal reforms of King Henry II in the 12th century and was called "common" because it applied equally across the whole country. The doctrine of binding precedent, also known as stare decisis, is a key feature of common law, whereby courts follow and apply the principles declared in previous cases decided by more senior courts or "courts of record". 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.
The form of reasoning used in common law is known as casuistry or case-based reasoning. It is a system that gives great weight to judicial precedent and the style of reasoning inherited from the English legal system. Common law systems are often referred to as "common law jurisdictions". The main sources for the history of common law in the Middle Ages are the plea rolls and the Year Books, which are currently deposited in the UK National Archives.
While the UK has three distinct legal jurisdictions, there is a substantial overlap between these three legal systems. For example, upon Brexit, non-transposed EU law was transplanted into domestic law as "retained EU law", affecting all three jurisdictions. Additionally, the UK's highest civil appeal court, the Supreme Court of the United Kingdom, is binding on all three jurisdictions.
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An Act of Parliament creates a new law or changes an existing law
The United Kingdom does not have a single, unified legal system. This is because the UK was formed by the political union of previously independent countries, each with its own legal system. Today, the UK is divided into three main jurisdictions, or self-contained legal systems: England and Wales, Scotland, and Northern Ireland. Each jurisdiction has its own laws, court system, lawyers, and judges.
The process of devolution has resulted in variations between the laws of Wales and those of England, and even between different regions in England. Acts of Parliament can take effect differently, or at different times, in different parts of the jurisdiction of England and Wales.
The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions. While Scotland and Northern Ireland share the Parliament at Westminster as their primary legislature, they have separate legal systems. Similarly, Wales is not a separate jurisdiction within the UK, although it now has a devolved parliament (the Senedd). Any legislation it passes must adhere to the Government of Wales Act 2006, other legislation of the British Parliament, or any Order in Council given under the authority of the 2006 Act.
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The UK's legal system was influenced by its former EU treaty obligations
Secondly, the European Communities Act also allowed other types of EU legislation, such as directives and decisions, to be implemented in the UK through primary or secondary legislation. An example is the Working Time Directive, which was implemented in the UK via the Working Time Regulations. This meant that EU law took precedence over conflicting UK national law, and courts were obliged to strike down any UK legislation inconsistent with EU law.
Thirdly, upon Brexit, non-transposed EU law was transplanted into domestic law as "retained EU law", with a transition period of alignment with EU law until 31 December 2020. This ensured continuity and a smooth transition as the UK left the EU. The UK-EU Withdrawal Agreement, including the Northern Ireland Protocol, provided for certain EU laws to continue to have effect in the UK in specific circumstances, such as maintaining the conditions for cooperation between Northern Ireland and the Republic of Ireland.
Finally, the UK's former EU treaty obligations influenced specific areas of law, such as data protection. The EU's General Data Protection Regulation (GDPR) was directly applicable in the UK, and while some provisions were amended or repealed after Brexit, the UK retained the basic framework. Overall, the UK's legal system has been significantly influenced by its former EU treaty obligations, and even after Brexit, some EU laws continue to have an impact under the terms of the withdrawal agreements.
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Frequently asked questions
There are three distinct legal jurisdictions in the United Kingdom: England and Wales, Northern Ireland, and Scotland. Each has its own legal system, with its own laws, court system, lawyers, and judges.
The UK's highest civil appeal court is the Supreme Court of the United Kingdom, whose decisions are binding on all three UK jurisdictions.
An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and received Royal Assent from the Monarch. Acts of Parliament make up what is known as Statute Law in the UK.
