The Law

1. One country, three legal systems

The UK does not have one unified legal system: • England & Wales – Common law system • Scotland – Mixed system (civil law + common law) • Northern Ireland – Common law (similar to England) Each has its own courts and legal traditions.

2. Common law: the core idea

In England & Wales, law developed through: • Judicial decisions (case law) • Precedent (stare decisis — courts follow earlier rulings) • Statute law passed by Parliament Judges do not just apply law; they interpret and shape it.

3. Sources of British law

A. Statute law • Laws passed by Parliament • Supreme legal authority • Example: Magna Carta (1215), Human Rights Act 1998 B. Common law • Law developed by judges over centuries • Covers contract, tort, property, crime C. Equity • Developed by the Court of Chancery • Focuses on fairness where common law was too rigid • Trusts, injunctions, fiduciary duties D. European & international law • EU law influenced UK law until Brexit • Some retained EU law remains • International treaties influence domestic law when enacted

4. The court structure (England & Wales)

Civil courts • Magistrates’ Courts – small civil matters • County Court – contracts, personal injury • High Court o King’s Bench o Chancery o Family • Court of Appeal (Civil Division) • Supreme Court of the UK Criminal courts • Magistrates’ Courts – minor offences • Crown Court – serious crimes • Court of Appeal (Criminal Division) • Supreme Court

5. Judges, juries and lawyers

Judges • Appointed, not elected • Independent from government • Senior judges shape precedent Juries • Used mainly in serious criminal cases • 12 citizens • Decide facts, not law Lawyers • Solicitors – legal advice, case preparation • Barristers – court advocacy, specialist opinions • King’s Counsel (KC) – senior barristers

6. Key principles

Rule of law • Everyone is subject to the law • Government included Parliamentary sovereignty • Parliament is the supreme law-making body • Courts interpret, not overturn, Acts of Parliament Judicial independence • Courts are free from political control

7. No written constitution

Unlike many countries, the UK has no single constitutional document. Instead, it relies on: • Statutes (e.g. Bill of Rights 1689) • Common law principles • Constitutional conventions • Authoritative works (e.g. Dicey)

8. Historical roots

• Anglo-Saxon law – local customs • Norman reforms – royal courts, uniform law • Magna Carta (1215) – limits on royal power • 18th–19th centuries – modern court system

9. Why it matters globally

British common law influenced: • The USA • Canada • Australia • India Concepts like precedent and judicial review spread worldwide

Bill of Rights 1689

The Bill of Rights 1689 is one of the most important constitutional documents in British history. It permanently limited the power of the monarchy and laid the foundations for constitutional monarchy, parliamentary sovereignty and civil liberties. The Bill of Rights emerged from the Glorious Revolution (1688): • James II (Catholic) was accused of ruling arbitrarily and ignoring Parliament. • He was deposed and replaced by William III and Mary II. • Parliament offered them the crown on condition they accept a Declaration of Right, which was later enacted as the Bill of Rights 1689. This settled a long struggle between Crown and Parliament.

Key principles established

1. Limited royal power 2. Strengthened Parliament 3. Protected individual rights 4. Secured the Protestant succession • Rule of law – the monarch governs according to law • Parliamentary sovereignty – Parliament is supreme • Constitutional monarchy – the monarch reigns but does not rule