Dr.

Ram ManoharLohiyaNational Law University,

Lucknow

SESSION – 2015-16
FINAL DRAFT ON
UNITED KINGDOM LEGAL SYSTEM

SUBMITTED TO - SUBMITTED BY-

MR. MALAY PANDEY MOHIT KUMAR SINGH

ASSISTANT PROFESSOR B.A.LLB. (HONS.)
Ist SEMESTER
ROLL NO-83

SECTION-B

ACKNOWLEDGEMENT
1
I would like to extend special thanks and gratitude to my teacher, Mr. Malay Pandey who
gave me this golden opportunity to work on “LEGAL SYSTEM OF UNITED
KINGDOM.”

 Throughout the research period I have been time and again guided by my teacher.

I’d also like to convey my regards to Library Staff of my university for helping me out and
getting relevant material for me.
I would like to thank my university Dr. Ram Manohar Lohiya National Law ,for giving me
the chance to be a part of an unique research oriented curriculum which indeed boosts the
understanding of the subject.

I would also like to thank my parents, mentors and well-wishers who have been a constant
support and have time and again reviewed my work and have provided their insights on the
matter.

TABLE OF CONTENT

2
INTRODUCTION..............................................................................04

SOURCES OF LAW..........................................................................05

 Institutions within the European Union (EU)...............................05-07

 The UK Parliament and government............................................07-08
 The courts....................................................................................08-10
 Regulatory bodies.......................................................................11-12
 International institutions............................................................12

SALIENT FEATURES OF JUDICIARY.........................................12-15

RULE OF LAW....................................................................................15

COMPARISON BETWEEN LEGAL SYSTEMS.................................15-16

LAW REFORMATION IN UNITED KINGDOM.................................17

POLITICAL SYSTEM OF THE COUNTRY......................................17-18

CONCLUSION.....................................................................................19

BIBLIOGRAPHY..................................................................................20

INTRODUCTION

3
The United Kingdom of Great Britain and Northern Ireland consists of four countries forming
three distinct jurisdictions each having its own court system and legal profession: England &
Wales, Scotland, and Northern Ireland. The United Kingdom was established in 1801 with
the union of Great Britain and Ireland, but only achieved its present form in 1922 with the
partition of Ireland and the establishment of the independent Irish Free State (later the
Republic of Ireland).

The body of English law includes:

Legislation, Common Law, and a host of other legal norms established by Parliament, the
Crown, and the judiciary.
It is the fountain from which flowed nearly every facet of U.S. law during the eighteenth and
nineteenth centuries.

One of the major European legal systems, Roman law being the other, English law has
spread to many other countries, including former English colonies such as the USA, Canada,
Australia, and New Zealand.

English law has an evolving history dating from the local customs of the Anglo-Saxons, traces
of which survived until 1925.  After the Norman Conquest they grew up, side by side with
the Saxon shire courts, the feudal courts of the barons and the ecclesiastical that is church
courts.  From the king's council developed the royal courts, presided over by professional
judges, which gradually absorbed the jurisdictions of the baronial and ecclesiastical courts. 
By 1250 the royal judges had amalgamated the various local customs into the system of
common law – that is, law common to the whole country. A second system known as equity
developed in the Court of Chancery, in which the Lord Chancellor considered petitions.

In the 17th and 18th centuries common law absorbed the Law Merchant, the international
code of mercantile customs.  During the 19th century virtually the whole of English law was
reformed by legislation.

SOURCE OF UNITED KINGDOM’S LAW

There are a number of law making institutions:

4
  Institutions within the European Union (EU)
 The UK Parliament and government
 The courts
 Regulatory bodies
 International institutions

European Union Law

The EU was founded in 1957 and currently has 25 Member States. The UK joined in 1973
and since then, the UK Parliament has bound itself to incorporate EU law into national law.
While the UK remains a member of the EU, EU law takes precedence over national law. This
means that the UK Parliament is no longer the supreme law-maker and, for the time being
at least, it has limited its sovereignty.

The institutions of the EU

 The Council of Ministers

The Council is the main decision-making body of the EU and consists of one minister from each
Member State who is authorised to commit that State to legislative proposals.

 The European Commission

The Commission is made up of 25 Commissioners, one from each Member State, appointed for a
five-year term of office. The Commission directs EU policy and brings legislative proposals before
the Council for consideration.

 The European Parliament

The Parliament consists of elected citizens from each of the Member States and there are currently
78 MEPs from the UK. Interestingly, and unlike the UK Parliament, the European Parliament has no
direct law making powers. It debates legislative proposals and is permitted to put questions to the
Commission and the Council.

 The European Court of Justice (ECJ)

The ECJ is based in Luxembourg. It has 25 judges, one from each Member State and 8 Advocates-
General. The Advocates-General prepare an impartial and independent legal view of each case

5
which is presented to the ECJ for consideration. The primary function of the European Court of
Justice is to ensure that the interpretation and application of the Treaty of Rome 1957 (the EU’s
founding Treaty) is observed. The ECJ has a wide jurisdiction over EU law and can hear cases
brought by any of the EU institutions, Member States or individuals e.g. appeals from the House of
Lords.

TYPES OF E.U. LAW

EU law can have what is known as direct effect. That means that the law automatically
becomes part of each Member State’s domestic law. Furthermore, EU law can have what is
known as either vertical or horizontal direct effect. Vertical direct effect allows an individual
to use a legal provision to legally challenge the act of the state, government or public body.
Horizontal direct effect enables an individual or other body to legally challenge private
individuals or bodies.

The types of EU law are:

 Treaties:
Treaties are the primary sources of EU law and do not need to be given legal effect by the
UK Parliament. Treaties can create individual rights.

 Regulations:
Article 249 of the Treaty of Rome makes the effect of Regulations legally binding in every
respect in each Member State without that Member State having also to implement the
law. Citizens may rely on them both against the state and against private individuals or
bodies.

 Directives:

6
Directives are binding on Member States who are then left to implement their provisions
into domestic law. In the UK, this is done either by Act of Parliament or secondary
legislation and there is usually some scope for flexibility in the precise nature of the
implementation.

 Decisions:
Decisions are rulings on a range of different issues. They can be addressed to Member
States, individuals or other bodies and are binding on them.

 Recommendations and Opinions:

Recommendations and Opinions do not create enforceable rights but can be influential on
the application of EU law in a Member State or its interpretation by the courts of that
Member State. Recommendations and Opinions are not binding.

 EU case law
Decisions of the ECJ set a precedent to be followed by lower courts in a similar way to the
common law tradition in England where judges make and develop the law through following
previous decisions. While the ECJ can bind the House of Lords in the UK, the ECJ itself is not
bound by its own decisions.

THE U.K. PARLIAMENT AND GOVERNMENT

 Parliamentary Sovereignty
Before joining the EU, Parliamentary Sovereignty meant that the law made by the UK
Parliament could not be challenged. When the UK joined the EU then known as the
European Economic Community or ECC in 1973 it did so by passing the European
Communities Act 1972. This effectively ended Parliamentary Sovereignty so that EU law
now takes precedence over national law.

 Primary legislation

7
In Britain, primary legislation is statutory and takes the form of an Act of Parliament.
Usually, about 80 or so Acts of Parliament receive Royal Assent each year. Before it
becomes law, an Act is called a Bill and passes through the parliamentary process in draft
form being subject to debate, amendments and scrutiny by both Houses of Parliament.
Once the Bill has been given the assent of the Monarch it becomes an Act of Parliament.
However, an Act may not become legally ‘effective’ on the day of its assent, as the
government may provide for another day to be appointed on which the laws in the Act will
come into force.

 Secondary legislation

The Act gives authority to a person e.g. a Secretary of State or other body to make the detail
of the law on Parliament’s behalf. For this reason, secondary legislation is also known as
delegated legislation. It takes a number of forms but the most used type of delegated
legislation takes the form of regulations or orders known as Statutory Instruments.
Secondary legislation is necessary simply because there is not time for Parliament to deal
with all the detail of information, nor would they necessarily have the required specialist
knowledge.

THE ENGLISH COURT1

The courts are arranged in a hierarchical structure, an outline of which is illustrated in the following
diagram:
It can be seen that the House of Lords is the highest court in the UK and its decisions can only be
overturned by a decision of the ECJ or the European Court of Human Rights. The House of Lords
when sitting as the most senior appellate court, consists of a number of Law Lords who hear
appeals which have been sent to them by the Court of Appeal and which they have, in addition,
agreed to hear

1
http://ox.libguides.com/content.php?pid=141334&sid=1205592

8
.

After the House of Lords, the Court of Appeal’s decisions are the most authoritative and after those,
the decisions of the High Court. The system whereby judges follow the decisions of higher courts is
known as the ‘doctrine of precedent’ and it is this practice that has led to the development of the

9
‘common law’. England is a common law country and much of the minutiae of the law and indeed
some of the law’s most basic principles are judge made, having been decided in cases heard in the
courts. The common law can, of course, be changed by statute.

The Queen’s Bench Division deals with contract and tort (e.g. negligence, libel and trespass)
claims and the specialist areas dealt with in claims brought before the Admiralty Court,
Commercial Court and Technology and Construction Court. When sitting as a Divisional
Court, the Queen’s Bench Division also deals with inter alia judicial review cases.

The Chancery Division deals with disputes such as personal insolvency and the enforcement
of mortgages, trusts and intellectual property matters and the specialist areas of law
pertaining to the Companies Court and the Patent Court.

The Family Division deals with family related disputes, wardship cases and other legal issues
connected to child protection.

JUDICIAL PRECEDENT
Judicial precedent means that a decided rule of law is followed in similar cases until it is
overturned or modified by a higher court. Where there is no previous decision on a point of
law then a court may make its own decision, which may then be appealed in the higher
courts.

Once a higher court reaches a decision, that decision is binding on all lower courts in like-
for-like cases. Courts must follow their own decisions, except the House of Lords and the
High Court. The High Court must follow the decisions of its Divisional Courts and usually the
later of two conflicting judgments.

Precedent can be either binding or persuasive.

A past decision is binding if:

10
  The legal point being argued in court is the same as the legal point that was argued in
the precedent
 The facts of the case are of a similar nature to those of the precedent
 The precedent is a decision of a higher court

A persuasive precedent can come from statements within relevant judgments from other
courts which are higher or lower in the hierarchy, although the more senior courts will be
more persuasive. Dissenting judgments can also be persuasive, as can the decisions of courts
outside the English legal system e.g. the European Court of Human Rights and the courts of
Commonwealth countries.

STATUTORY INTERPRATATION
Judges also play a role in interpreting Acts of Parliament and secondary legislation. This is
often necessary because words can sometimes have more than one meaning and so
interpretation can be confusing or ambiguous. The traditional approach to statutory
interpretation has been a literal approach where the words are given their plain, dictionary
meaning. This stands in contrast to the approach that tends to be favoured in Europe, where
judges look to interpret the purpose of the law makers. This is known as taking a purposive
approach.

The literal approach tends to produce a very gradual, conservative and restrictive attitude
towards legal development; the idea being that judges should not make law but simply
implement what Parliament has decided. It is now commonly accepted that judges do in fact
make law and the purposive approach allows judges to interpret what they think Parliament
was trying to achieve.

Systems of justice upheld and enforced by the courts

11
The English legal system has a number of distinct systems of justice which operate internally
according to their own, often complex, procedures.

One of the most fundamental distinctions is between the criminal justice system and the
civil justice system. Indeed, the civil justice system could itself be subdivided into, for
example, the administrative justice system2 and the family justice system.

REGULATORY BODIES

There are a number of national regulatory bodies which have the power to make rules and
regulations which are binding on citizens in certain circumstances. Usually, this rule making
power is conferred by Act of Parliament so the regulatory body becomes an agent of the
government. Such bodies include, for example:

 The Financial Services Authority (FSA) – regulates the UK’s financial markets and
other financial activities in an attempt to ensure fairness and transparency for
investors and those who buy financial products.
 The Law Society – regulates the provision of legal services by the solicitors’
profession, especially professional conduct.
 The Civil Aviation Authority (CAA) – regulates e.g. airports, air traffic services and
safety.

INTERNATIONAL INSTITUTION

There are a number of international institutions whose policies and rules can become part of
national laws e.g. shipping law, conventions of warfare, use of the internet.

12
Development in communications, transport and the increasing awareness of issues which affect
everyone on the planet e.g. climate change, global terrorism and genetic research will inevitably result
in calls for law to be made increasingly on an international rather than national basis.

SALIENT FEATURES OF JUDICIARY

The impartial and quick delivery of justice provided by the British judiciary has made it a
model judicial system in the world. The salient features of the British judiciary can be
discussed under the following heads-

 No single form of organization: One of the most important peculiarities of the British
judiciary is the absence of any single uniform organization of judiciary all throughout
the country. While the judicial systems of England and Wales are almost similar, the
guiding principles, procedure and organization of judiciary in England, Scotland and
Ireland differ from one another. Each of these three systems has its own distinctive
characteristics. Earlier, there used to be a good number of judicial tribunals to decide
the cases overlapping each other. It is only after the passage of the Judicature Acts of
1875-76 (as amended in 1925) that a well organized system came into being.

 Absence of administrative courts: Unlike France, United Kingdom does not have
separate administrative courts. In France and some other continental countries there
are two types of law i.e. ordinary law and administrative law and accordingly there
are two types of courts- ordinary courts and administrative courts. The ordinary courts
are for general citizens and the administrative courts are meant for government
officials for certain acts committed by them under official capacity. But in the United
Kingdom, under the provision of the Rule of Law, all British citizens are equal in the
eyes of law and so there is no provision for separate court for the government officials
or governmental matters. All cases are taken into account by ordinary court.

 Two categories of lawyers: There are two types of lawyers in Britain to deal with the
case- the Barristers and the Solicitors. A case is prepared by the Solicitors and is taken
by the Barristers to the court. The Barristers have the exclusive right to plead in the
higher courts. The Solicitors on the other hand have to interact with the client, make
case for them and also need to appear in the county and magistrates’ courts on behalf
of the client.

13
 · Absence of judicial review: Supremacy of the Parliament does not allow any scope
for judicial review for the courts. Parliament is supreme and is beyond any judicial
review. The courts are not allowed to declare any law passed by the Parliament as
ultra vires. The courts cannot declare any law of the Parliament as unconstitutional
even if it breaks some provisions of the Magna Carta, Petition of Rights, or any earlier
Act of the Parliament. But they can review delegated legislation just to see that these
are according to the statutes of the Parliament.

 Bifurcation between civil and criminal cases:

In Britain civil and Criminal cases are heard separately in separate courts. A criminal
case is counted as a case between the crown and the accused, where the latter is
charged with crimes like theft, murder etc. i.e. all kinds of activities that violate
certain law of the land. A civil case is a dispute between two persons, groups, or
institutions over property, breach of contract and the like.

 Jury system: The jury system is a special feature of the judicial system of Britain. The
accused has the right to demand for a bench of jurors to decide his or her case in all
British courts except the lowest and the highest court. Jurors are selected from the
local area itself but they must not be related with legal practice. Barristers, judges,
doctors, clergymen, commissioned officers, peers cannot act as jurors. The lawyers
defending the accused can object to the name of not more than seven jurors without
assigning any reason. It is obligatory for the jurors to attend the meetig whenever they
are called for the same except on some medical ground. The number of jurors in the
jury bench of England and Wales is 12, whereas for Scotland it is 15. In England the
jurors have an unanimous decision, whereas in the case of Scotland it must be a
majority decision. In the failure of the decision, the judges will form a new jury bench
for hearing the case. The concerned judges always listen to the views of the jury
bench in deciding the case. Jury system is a successful system and the jurors have
been playing their role in the adjudication process in a most fearless and Impartial
manner over the decades.

 Independence of judiciary: In Britain, the judges are provided with statutory security.
They are appointed by the Crown from among the middle age group members of the
bar. The King appoints them with the consultation of the Lord Chancellor. Thus, the
judge need not appease any one. Besides, this security is guaranteed through the

14
 provision that a county court is never promoted to High court and though promotion
from High court to the Court of Appeal is possible, but it does not add much except a
raise in income or dignity. Judges hold office during good behaviour.

Quality of justice: Speedy trial of the cases have granted quality justice to the British
citizens. It is due to the following two reasons-
 i) The Judges in the United Kingdom have the discretion in dealing with cases.
ii) Judicial rule procedures are made by the specialised rule committee consisting of
Lord Chancellor and ten persons eminently familiar with legal procedure.

The presence of highly qualified lawyers with discritionary power at hands allows
rapid movements of cases. Thus, there is no delay in providing justice to the people in
Britain.

 Rule of Law: It implies that every British citizen is equal in the eyes of law. No one
can be punished except for some breach of law and that also must be proved in the
court. Under the Rule of Law the judiciary is the guardian of all rights and liberties of
the British citizen. Many rights like freedom of speech and expression and freedom of
worship are guaranteed by convention and usage and enforced by the courts.

RULE OF LAW
Rule of Law is one of the most striking features of the British constitution that ensures rights
and liberties to its people. In the absence of any constitutionally recognized rights, it secures
enormous rights to its people. It is based on the common law of the land and is the result of
centuries of struggle of its people for the recognition of their inherent rights. Rule of Law has
been working as the guiding principles in the functioning of judiciary through which justice is
delivered to every section of the society.

Rule of Law means the supremacy of law under which all are equal and are amenable to the
same law. It implies that no one can be punished unless and until his guilt has been proved.
Again, it also means that the government is subject to the Parliament and through Parliament
to the people.

15
COMPARISON BETWEEN CRIMINAL AND CIVIL JUSTICE SYSTEM 3

A fundamental distinction can be drawn between the criminal and civil justice systems.
Broadly speaking, the criminal justice system enforces the criminal law in the criminal courts
using its own criminal procedures. The civil justice system enforces the civil law in the civil
courts using its own internal civil procedure rules. The main differences between the two
systems are set out below:

Aim

 Criminal - to punish wrongdoers for offences against society as a whole.

 Civil – to regulated relationships between individuals

Commencement of Action

 Criminal – by the police or the CPS

 Civil – by an individual or an organisation suing another individual or organisation

Burden of Proof

 Criminal – on the Crown – guilty beyond a reasonable doubt

 Civil – on the claimant – on the balance of probabilities

Venue

 Criminal – Magistrates Court or Crown Court

 Civil – County Court or High Court

Outcome

 Criminal – Conviction or acquittal

 Civil – defendant is or is not liable to claimant
3
http://businesscasestudies.co.uk/legal-services-commission/managing-change-a-new-approach-to-
legal-services/the-difference-between-criminal-law-and-civil-law.html#axzz3oD9Jlqdf

16
Remedy

 Criminal – sentence to a punishment imposed by the state

 Civil – damages or other remedy such as injunction

LAW REFORMATION IN UNITED KINGDOM

It is the job of The Law Commission to constantly review the law of England and Wales and
to recommend changes where necessary.  The Law Commission is independent and has been
in existence since 1965. Its aim is to make sure the law is fair, simple and cost effective by
conducting research and consultations in certain areas of law and to make recommendations
to Parliament where improvements are needed.  It is up to Parliament to implement any
changes via legislation and at the moment about two thirds of recommendations have been
implemented by Parliament.  The Law Commission Act 2009 and the Protocol came into
force in January 2010 : the aim was to improve the ratio of recommendations being
implemented. Following this the Lord Chancellor must provide an annual report which sets
out the extent to which Parliament have adopted recommendations. 

POLITICAL SYSTEM OF THE COUNTRY

The United Kingdom is a unitary democracy governed within the framework of a

constitutional monarchy, in which the Monarch is the head of state and the Prime Minister of
the United Kingdom is the head of government. Executive power is exercised by Her
Majesty's Government, on behalf of and by the consent of the Monarch, as well as by the
devolved Governments of Scotland and Wales, and the Northern Ireland Executive.
Legislative power is vested in the two chambers of the Parliament of the United Kingdom,
the House of Commons and the House of Lords, as well as in the Scottish parliament
and Welsh and Northern Ireland assemblies. The judiciary is independent of the executive
and the legislature. The highest court is the Supreme Court of the United Kingdom.

17
The UK political system is a multi-party system. Since the 1920s, the two largest political
parties have been the Conservative Party and the Labour Party. Before the Labour Party rose
in British politics, the Liberal Party was the other major political party along with the
Conservatives. Though coalition and minority governments have been an occasional feature
of parliamentary politics, the first-past-the-post electoral system used for general elections
tends to maintain the dominance of these two parties, though each has in the past century
relied upon a third party such as the Liberal Democrats to deliver a working majority in
Parliament.

With the partition of Ireland, Northern Ireland received home rule in 1920, though civil
unrest meant direct rule was restored in 1972. Support for nationalist parties in Scotland and
Wales led to proposals for devolution in the 1970s though only in the 1990s did devolution
actually happen. Today, Scotland, Wales and Northern Ireland each possess a legislature and
executive, with devolution in Northern Ireland being conditional on participation in certain
all-Ireland institutions. The United Kingdom remains responsible for non-devolved matters
and, in the case of Northern Ireland, co-operates with the Republic of Ireland.

It is a matter of dispute as to whether increased autonomy and devolution of executive and

legislative powers has contributed to the increase in support for independence. The
constitution of the United Kingdom is uncodified, being made up of constitutional
conventions, statutes and other elements such as EU law. This system of government, known
as the Westminster system, has been adopted by other countries, especially those that were
formerly parts of the British Empire.

The United Kingdom is also responsible for several dependencies, which fall into two
categories: the Crown dependencies, in the immediate vicinity of the UK, and British
Overseas Territories, which originated as colonies of the British Empire.

18
 CONCLUSION

The Common Law of England and Wales is one of the major global legal traditions. United
Kingdom legal system which is mainly a common legal system country is situated in
European continent. It does not have a written constitution as compared to our country. They
follow the jury system. Some law applies throughout the whole of the UK; some applies in
only one, two or three countries. There is no single series of documents that contains the
whole of the law of the UK. The United Kingdom does not have a single legal system since it
was created by the political union of previously independent countries. In United Kingdom
legal system hierarchy there are criminal and civil courts which are responsible for
the governance of justice in Wales and England. This country derives its law from
Magnacarta which came into picture in 1215. When you see a judge or magistrate sitting in
court, you are actually looking at the result of 1,000 years of legal evolution.

the politics in the United Kingdom operate within a ‘constitutional monarchy’ similar to
some other countries like Spain, Sweden, Thailand, Denmark, Japan, and the Netherlands to
name a few, While the Queen is head of state. Each of the United Kingdom parliaments or
assemblies has elected political parties.

Society needs both a robust and yet flexible legal system which can maintain public
confidence and also adapt to new challenges.

19
 BIBLIOGRAPHY

 https://www.coursera.org/course/engcomlaw
 http://legal-dictionary.thefreedictionary.com/Legal+system+of+England+and+Wales
 www.citized.info/pdf/commarticles/Oxford_Legal.doc
 http://www.inbrief.co.uk/legal-system/english-law.htm
 http://businesscasestudies.co.uk/legal-services-commission/managing-change-a-new-
approach-to-legal-services/the-difference-between-criminal-law-and-civil-
law.html#axzz3oD9Jlqdf
 https://www.judiciary.gov.uk/about-the-judiciary/the-justice-system/court-structure/
 http://ox.libguides.com/content.php?pid=141334&sid=1205603
 http://www.nidirect.gov.uk/introduction-to-the-justice-system

20