The
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
has four
legal systems
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and ...
, each of which derives from a particular geographical area for a variety of historical reasons:
English and Welsh 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.
Principal elements of English law
Although the common law has, historically ...
,
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...
,
Northern Ireland law, and, since 2007, purely
Welsh law
Welsh law ( cy, Cyfraith Cymru) is an autonomous part of the English law system composed of legislation made by the Senedd.Law Society of England and Wales (2019)England and Wales: A World Jurisdiction of Choice eport(Link accessed: 16 March 202 ...
(as a result of the passage of
Welsh devolution
Welsh devolution (Welsh: ''Datganoli i Gymru'') is the transfer of legislative power for self-governance to Wales by the Government of the United Kingdom. Wales was conquered by England during the 13th century; the 1284 Statute of Rhuddlan caused ...
and the
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
by Parliament). Overarching these systems is the law of the United Kingdom, also known as United Kingdom law (often abbreviated UK law), or British law. UK law arises from laws applying to the United Kingdom and/or its citizens as a whole, most obviously
constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
, but also other areas - for instance, tax law.
In fulfilment of its former EU treaty obligations,
European Union directive
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before thei ...
s were actively transposed into the UK legal systems under the UK parliament's law-making power. Upon
Brexit
Brexit (; a portmanteau of "British exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 Greenwich Mean Time, GMT on 31 January 2020 (00:00 1 February 2020 Central Eur ...
, EU law was transplanted into domestic law as "retained EU law", though the UK remained temporarily in alignment with EU regulations during the
transition period
The Brexit withdrawal agreement, officially titled Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, is a treaty between the European Uni ...
from 31 January to 31 December 2020.
Three legal systems
There are three distinct legal jurisdictions in the United Kingdom:
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
,
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
and
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
. Each has its own
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
, distinct history and origins.
There is a substantial overlap between these three legal systems and the three legal jurisdictions of the United Kingdom:
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
,
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
, and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
. Unlike the other three, Welsh law is not a separate legal system , merely the primary and secondary legislation generated by the
Senedd
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gov ...
, interpreted in accordance with the doctrines of English law and not impacting upon
English 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.
Principal elements of English law
Although the common law has, historically, be ...
(except where such Welsh legislation ousts a common law rule by virtue of being a superior form of law).
The UK does not have a single legal system because it was created by the political union of previously independent countries. Article 19 of the
Treaty of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...
, put into effect by the
Acts of Union in 1707, created the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...
but guaranteed the continued existence of Scotland's and England's separate legal systems. The
Acts of Union of 1800, which joined Great Britain and
Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
into the
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Grea ...
, contained no equivalent provisions but preserved the principle of different courts to be held in Ireland, of which the part called Northern Ireland continues to follow as part of the United Kingdom.
Each legal system defaults to its jurisdiction, each of whose courts further that law through
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
. Choice of which jurisdiction's law to use is possible in
private law
Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ...
: For example, a company in
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
, Scotland and a company in
Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdom ...
, Northern Ireland are free to contract in English law. This is not so in
public law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct ...
(for example, criminal law), where there are set rules of procedure in each jurisdiction.
England and Wales
![Royal courts of justice](https://upload.wikimedia.org/wikipedia/commons/0/0e/Royal_courts_of_justice.jpg)
''English and Welsh law'' refers to the
legal system
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history an ...
administered by the courts in England and Wales, which rule on both civil and criminal matters. English and Welsh law is based on the principles of
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
. English and Welsh law can be described as having its own legal doctrine, distinct from
civil law legal systems since 1189.
There has been no major
codification of the law, rather the law is developed by
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
s in
court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
, applying
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
,
precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
and case-by-case reasoning to give explanatory judgments of the relevant legal principles. These judgments are binding in future similar cases (''
stare decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great va ...
''), and for this reason are often reported in
law reports.
The
courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have ...
are headed by the
Senior Courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
, consisting of the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
, the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...
(for civil cases) and the
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and W ...
(for criminal cases). The Supreme Court is the highest court in the land for both criminal and civil appeal cases in
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Wales
Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
(also in Northern Ireland cases and civil cases in Scots law) and any decision it makes is binding on every other court in the same jurisdiction, and often has persuasive effect in its other jurisdictions. On appeal, a court may overrule the decisions of its inferior courts, such as county courts (civil) and magistrates' courts (criminal). The High Court may also quash on
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
both administrative decisions of the Government and delegated legislation. Before the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
was created in October 2009, the highest appellate body was the
Appellate Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
(usually just referred to as "The
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
").
After the
Acts of Union, in 1707 English law became one of two legal systems in different parts of the same United Kingdom and has been influenced by Scots law, most notably in the development and integration of the law merchant by
Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to Lond ...
and in time the development of the law of
negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...
. Scottish influence may have influenced the abolition of the
forms of action in the nineteenth century and extensive procedural reforms in the twentieth. Since the
accession of the United Kingdom to the European Communities
The accession of the United Kingdom to the European Communities (EC) – the collective term for the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy Community (EAEC) – took effec ...
in 1973, English law has also been affected by
European law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
under the
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
.
Wales
![Cardiff Crown Court](https://upload.wikimedia.org/wikipedia/commons/a/af/Cardiff_Crown_Court.JPG)
Welsh law is the primary and secondary legislation generated by the
Senedd
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gov ...
, using the devolved authority granted in the
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
(amended substantially by
Wales Act 2014 and
Wales Act 2017
The Wales Act 2017 (c. 7) is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Comma ...
) and in effect since May 2007. Each piece of Welsh legislation is known as an
Act of Senedd Cymru
An Act of Senedd Cymru ( cy, Deddf gan Senedd Cymru), or informally an Act of the Senedd, is primary legislation that can be made by the Senedd (Welsh Parliament; ) under part 4 of the Government of Wales Act 2006 (as amended by the Wales Ac ...
.
However, as there is no criminal law within contemporary Welsh law, Wales is not generally considered a fourth jurisdiction of the United Kingdom. This is because the judiciary and the courts follow England and Wales law, which is made by the
Parliament at Westminster
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
, and is not specific to Wales. Although Welsh law is recognised as separate in operation, this is not sufficient for Wales to constitute a separate legal jurisdiction.
A commission set up in 2017 by the
First Minister of Wales
, insignia = First Minister of Wales logo.png
, insigniasize = 120px
, insigniacaption = Logo
, flag = Flag of Wales.svg
, flagsize = 120px
, flagborder = yes
, flagcaption = Flag of Wales
, image = File:Mark Drakeford (cropped).jpg
, ...
known as "The Commission on Justice in Wales" and chaired by
Lord Thomas of Cwmgiedd
Roger John Laugharne Thomas, Baron Thomas of Cwmgiedd, (born Carmarthen, 22 October 1947) is a British judge. He served as Lord Chief Justice of England and Wales from 2013 to 2017.
Early life and education
Thomas was born in 1947 to Roger Ed ...
, looked into the operation of justice in the country. Its aim was to further clarify the legal and political identity of Wales within the UK constitution. The commission's report was released in October 2019 and recommended the full devolution of the justice system. This would formalise Wales as the fourth jurisdiction of the UK.
Northern Ireland
![Royal Courts of Justice, Belfast - geograph](https://upload.wikimedia.org/wikipedia/commons/e/ed/Royal_Courts_of_Justice%2C_Belfast_-_geograph.org.uk_-_1304238.jpg)
The law of Northern Ireland is a
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
system. It is administered by the courts of Northern Ireland, with ultimate appeal to the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
in both civil and criminal matters. The law of Northern Ireland is closely similar to English law, the rules of common law having been imported into the
Kingdom of Ireland
The Kingdom of Ireland ( ga, label=Classical Irish, an Ríoghacht Éireann; ga, label= Modern Irish, an Ríocht Éireann, ) was a monarchy on the island of Ireland that was a client state of England and then of Great Britain. It existed from ...
under English rule. However, there are important differences.
The sources of the law of Northern Ireland are Irish common law, and statute law. Of the latter, statutes of the Parliaments of
Ireland
Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
, of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
and of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
are in force, and latterly statutes of the devolved
Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameral
, house1 =
, leader1_type = S ...
. The
courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.
Prior to the partition of Ireland, Northern ...
are headed by the Court of Judicature of Northern Ireland, consisting of the Northern Ireland Court of Appeal, the Northern Ireland High Court of Justice and the Northern Ireland Crown Court. Below that are county courts and magistrates' courts. The Supreme Court is the highest court in the land for both criminal and civil appeal cases in Northern Ireland and any decision it makes is binding on every other court in the same jurisdiction and often has persuasive effect in its other jurisdictions.
Scotland
![Parliament House, Edinburgh](https://upload.wikimedia.org/wikipedia/commons/9/95/Parliament_House%2C_Edinburgh.JPG)
Scots law is a unique legal system with an ancient basis in
Roman law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
. Grounded in
uncodified civil law dating back to the ''
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperors, Byzantine Emperor. It is also ...
'', it also features elements of
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
with
medieval
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire a ...
sources. Thus
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
has a
pluralistic, or 'mixed', legal system, comparable to that of
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
, and, to a lesser degree, the partly
codified pluralistic systems of
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...
and
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirte ...
. Since the formation of the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...
under the 1707
Acts of Union, Scots law has shared a legislature with
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, and while each retained fundamentally different legal systems, the 1707 Union brought English and Welsh influence upon Scots law, and vice versa. Since the
accession of the United Kingdom to the European Communities
The accession of the United Kingdom to the European Communities (EC) – the collective term for the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy Community (EAEC) – took effec ...
in 1973 Scots law has also been affected by
European law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
under the
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
. The establishment of
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyr ...
in 1999, which legislates within domestic
areas of legislative competence, has created a further major source of Scots law.
The chief courts are the
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburg ...
, for civil cases, and the
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
, for criminal cases. The
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
serves as the highest court of appeal for civil cases under Scots law, with leave to appeal from the Court of Session not required as a general rule. However, unlike in the rest of the United Kingdom, the Supreme Court has no role as the highest court of appeal for Scottish criminal cases: this is forbidden by Article XIX of the
Treaty of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...
between Scotland and England.
Sheriff courts deal with most civil and criminal cases including conducting criminal
trials
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
with a jury, known as sheriff solemn court, or with a sheriff and no jury, known as sheriff summary court. The sheriff courts provide a local court service with 49 sheriff courts organised across six
sheriffdom
A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a r ...
s. The Scottish legal system is unique in having three possible
verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
s for a criminal trial: "
guilty
Guilty or The Guilty may refer to:
* Guilt (emotion), an experience that occurs when a person believes they have violated a moral standard
Law
*Culpability, the degree to which an agent can be held responsible for action or inaction
*Guilt (law) ...
", "
not guilty" and "
not proven
Not proven (, ) is a verdict available to a court of law in Scotland. Under Scots law, a criminal trial may end in one of three verdicts, one of conviction ("guilty") and two of acquittal ("not proven" and "not guilty").The Scottish criminal ju ...
". Both "not guilty" and "not proven" result in an
acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the ...
with no possibility of
retrial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
.
In very rare circumstances, the
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
can create new criminal offences without reference to Parliament, using its
declaratory power to do so.
The
Cabinet Secretary for Justice
The Cabinet Secretary for Justice and Veterans, commonly referred to as the Justice Secretary, is a position in the Scottish Government Cabinet. The Cabinet Secretary has overall responsibility for law and order in Scotland. The Cabinet Secreta ...
is the member of the
Scottish Government responsible for
Police Scotland
Police Scotland ( gd, Poileas Alba), officially the Police Service of Scotland (), is the national police force of Scotland. It was formed in 2013, through the merging of eight regional police forces in Scotland, as well as the specialist service ...
, the
courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
and
criminal justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
, and the
Scottish Prison Service
The Scottish Prison Service (SPS) is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions.
The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible f ...
, which manages the prisons in Scotland.
Retained EU law
Retained EU law (REUL) is a category of law in the United Kingdom created at the end of the transition period following the UK's
withdrawal from the EU. REUL includes EU legislation which was "cut and pasted" into domestic law, along with certain domestic laws whose role was to implement EU regulations and directives. The objective of REUL is to maintain "legislative continuity".
Courts and tribunals
![middlesex](https://upload.wikimedia.org/wikipedia/commons/9/99/Middlesex.guildhall.london.arp.jpg)
The
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom ( initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
is the highest court in the UK for all criminal and civil cases in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
and Northern Ireland, and for all civil cases in Scots law.
[ , ]Department for Constitutional Affairs
The Department for Constitutional Affairs (DCA) was a United Kingdom government department. Its creation was announced on 12 June 2003; it took over the functions of the Lord Chancellor's Department. On 28 March 2007 it was announced that the Dep ...
; accessed 22 May 2006. The Supreme Court is also the final court (in the normal sense of the term) for interpreting United Kingdom law. Note, however, that, unlike in some other systems (for example, the United States), the Supreme Court cannot strike down statutes and its precedents can be expressly overridden by Parliament, by virtue of the doctrine of
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over ...
. The Supreme Court came into being in October 2009, replacing the
Appellate Committee of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, ...
.
In
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
, the
court system
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
is headed by the
Senior Courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have a ...
, consisting of the Court of Appeal, the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC ( Engl ...
(for civil cases) and the
Crown Court
The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and W ...
(for criminal cases). The
Courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by the law of Northern Ireland.
Prior to the partition of Ireland, Northern ...
follow the same pattern. In Scotland, the chief
courts
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
are the
Court of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburg ...
, for civil cases, and the
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
, for criminal cases.
Sheriff courts, as they deal with both criminal and civil caseloads, have no equivalent outside Scotland.
Certain tribunals for administrative law cases have UK-wide jurisdiction, notably those dealing with immigration—the
Upper Tribunal (Immigration and Asylum Chamber) and
Special Immigration Appeals Commission
The Special Immigration Appeals Commission (also known by the acronym SIAC) is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by t ...
—military and national security, competition and intellectual property, and a few others. Similarly, the
Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decision ...
has jurisdiction throughout
Great Britain
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It ...
but not in Northern Ireland.
The
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
is also the highest court of appeal for several independent
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the ...
countries, the
British Overseas Territories
The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen territories with a constitutional and historical link with the United Kingdom. They are the last remnants of the former Bri ...
, and the British
Crown Dependencies.
United Kingdom legislatures
United Kingdom Parliament
The
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
is
bicameral
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single gr ...
, with an
upper house
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
- the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...
, and a
lower house
A lower house is one of two Debate chamber, chambers of a Bicameralism, bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has co ...
- the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
. The House of Lords includes two different types of members: The
Lords Spiritual
The Lords Spiritual are the bishops of the Church of England who serve in the House of Lords of the United Kingdom. 26 out of the 42 diocesan bishops and archbishops of the Church of England serve as Lords Spiritual (not counting retired archbi ...
(the senior
bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...
s of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Brit ...
) and the
Lords Temporal
The Lords Temporal are secular members of the House of Lords, the upper house of the British Parliament. These can be either life peers or hereditary peers, although the hereditary right to sit in the House of Lords was abolished for all but ...
(members of the
Peerage
A peerage is a legal system historically comprising various hereditary titles (and sometimes non-hereditary titles) in a number of countries, and composed of assorted noble ranks.
Peerages include:
Australia
* Australian peers
Belgium
* Be ...
); its members are not elected by the population at large. The House of Commons is a democratically elected chamber. The two Houses meet in separate chambers in the
Palace of Westminster
The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north b ...
(commonly known as the "Houses of Parliament"), in the
City of Westminster
The City of Westminster is a city and borough in Inner London. It is the site of the United Kingdom's Houses of Parliament and much of the British government. It occupies a large area of central Greater London, including most of the West En ...
in
London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
. By
constitutional convention, all
government ministers
A minister is a politician who heads a ministry, making and implementing decisions on policies in conjunction with the other ministers. In some jurisdictions the head of government is also a minister and is designated the ‘prime minister’, ...
, including the
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is ...
, are members of the House of Commons or House of Lords.
Parliament evolved from the
early medieval
The Early Middle Ages (or early medieval period), sometimes controversially referred to as the Dark Ages, is typically regarded by historians as lasting from the late 5th or early 6th century to the 10th century. They marked the start of the Mi ...
councils that advised the sovereigns of
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
. In theory, power is vested not in Parliament, but in the "
King-in-Parliament
The King-in-Parliament (or, during the reign of a female monarch, Queen-in-Parliament), sometimes referred neutrally as the Crown-in-Parliament, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in its ...
" (or "Queen-in-Parliament"). The King-in-Parliament is, according to the doctrine of
parliamentary sovereignty
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over ...
, completely sovereign with the power to make and unmake any law other than to bind itself.
In modern times, real power is vested in the House of Commons; the Sovereign acts only as a figurehead and the powers of the House of Lords are greatly limited. The parliament retains some law-making powers for some jurisdictions outside of the United Kingdom proper.
Northern Ireland Assembly
![StormontGeneral](https://upload.wikimedia.org/wikipedia/commons/c/c8/StormontGeneral.jpg)
The Northern Ireland Assembly ( ga, Tionól Thuaisceart Éireann,
Ulster Scots: ''Norlin Airlann Semmlie'')
is the
devolved
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories ...
legislature
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
. It has power to legislate in a wide range of areas that are not explicitly
reserved
Reserved is a Polish apparel retailer headquartered in Gdańsk, Pomerania, Poland. It was founded in 1999 and remains the largest company of the LPP group, which has more than 1,700 retail stores located in over 20 countries and also owns such ...
to the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...
, and to appoint the
Northern Ireland Executive
The Northern Ireland Executive is the devolved government of Northern Ireland, an administrative branch of the legislature – the Northern Ireland Assembly. It is answerable to the assembly and was initially established according to the ...
. It sits at
Parliament Buildings at
Stormont in
Belfast
Belfast ( , ; from ga, Béal Feirste , meaning 'mouth of the sand-bank ford') is the capital and largest city of Northern Ireland, standing on the banks of the River Lagan on the east coast. It is the 12th-largest city in the United Kingdom ...
.
The latest incarnation of the Assembly was established under the
Good Friday Agreement
The Good Friday Agreement (GFA), or Belfast Agreement ( ga, Comhaontú Aoine an Chéasta or ; Ulster-Scots: or ), is a pair of agreements signed on 10 April 1998 that ended most of the violence of The Troubles, a political conflict in No ...
of 1998, an accord aimed at bringing an end to Northern Ireland's violent 30-year
Troubles
The Troubles ( ga, Na Trioblóidí) were an ethno-nationalist conflict in Northern Ireland that lasted about 30 years from the late 1960s to 1998. Also known internationally as the Northern Ireland conflict, it is sometimes described as an " ...
. It is based on the principle of
power-sharing
Power sharing is a practice in conflict resolution where multiple groups distribute political, military, or economic power among themselves according to agreed rules. It can refer to any formal framework or informal pact that regulates the distri ...
under the
D'Hondt method
The D'Hondt method, also called the Jefferson method or the greatest divisors method, is a method for allocating seats in parliaments among federal states, or in party-list proportional representation systems. It belongs to the class of highes ...
to ensure that Northern Ireland's largest political communities, the
unionist and
nationalist
Nationalism is an idea and movement that holds that the nation should be congruent with the state. As a movement, nationalism tends to promote the interests of a particular nation (as in a group of people), Smith, Anthony. ''Nationalism: Th ...
communities both participate in governing the region. The Assembly is a
unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multic ...
,
democratically
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose gov ...
elected body comprising 90 members who are known as
Members of the Legislative Assembly
A member of the Legislative Assembly (MLA) is a representative elected by the voters of a constituency to a legislative assembly. Most often, the term refers to a subnational assembly such as that of a state, province, or territory of a country. S ...
, or MLAs. Members are elected under the
single transferable vote
Single transferable vote (STV) is a multi-winner electoral system in which voters cast a single vote in the form of a ranked-choice ballot. Voters have the option to rank candidates, and their vote may be transferred according to alternate p ...
form of
proportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
.
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba;
Scots: ''Scots Pairlament'') is located in the
Holyrood area of the capital
Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
. The Parliament, which is informally referred to as "Holyrood"
(cf. "
Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, Bu ...
"), is a democratically elected body of 129 members who are known as
Members of the Scottish Parliament
Member of the Scottish Parliament (MSP; gd, Ball Pàrlamaid na h-Alba, BPA; sco, Memmer o the Scots Pairliament, MSP) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.
Electoral system
The add ...
or MSPs. Members are elected for four-year terms under the
Additional Member System of
proportional representation
Proportional representation (PR) refers to a type of electoral system under which subgroups of an electorate are reflected proportionately in the elected body. The concept applies mainly to geographical (e.g. states, regions) and political divis ...
. As a result, 73 MSPs represent individual geographical
constituencies
An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other polity ...
elected by the
plurality voting system
Plurality voting refers to electoral systems in which a candidate, or candidates, who poll more than any other counterpart (that is, receive a plurality), are elected. In systems based on single-member districts, it elects just one member per ...
("first past the post"), with a further 56 returned from eight
additional member regions, each electing seven MSPs.
The Scottish Parliament, as it was created by devolution and an act of parliament, does not get its legislative powers by virtue of sovereignty or by virtue of `being the Scottish Parliament`. Rather, it legally exists as a subset of Westminster and derives its powers as such.
The original
Parliament of Scotland
The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council o ...
(or "Estates of Scotland") was the national legislature of the independent
Kingdom of Scotland
The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a la ...
and existed from the early thirteenth century until the Kingdom of Scotland merged with the
Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On 1 ...
under the
Acts of Union 1707
The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the te ...
to form the
Kingdom of Great Britain
The Kingdom of Great Britain (officially Great Britain) was a sovereign country in Western Europe from 1 May 1707 to the end of 31 December 1800. The state was created by the 1706 Treaty of Union and ratified by the Acts of Union 1707, wh ...
.
As a consequence, the Parliament of Scotland merged with the
Parliament of England
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
, to form the
Parliament of Great Britain
The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...
, which sat at Westminster in London.
Senedd
![Senedd, Welsh parliament, Cardiff Bay](https://upload.wikimedia.org/wikipedia/commons/f/f8/Senedd%2C_Welsh_parliament%2C_Cardiff_Bay.jpg)
Since 2007, the
Senedd
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gov ...
(Welsh Parliament; cy, Senedd Cymru), previously known as the 'National Assembly for Wales', has been invested with legislative powers. It is situated in Cardiff. The Senedd, first elected in 1999, is a democratically elected body of 60 members who are known as Members of the Senedd or MSs. Members are elected for five-year terms under the Additional Member System of proportional representation. As a result, 40 MSs represent individual geographical constituencies elected by the plurality voting system ("first past the post"), with a further 20 returned from five additional member regions, each region electing four MSs.
Related legal systems
After centuries of settlement and conquest, the United Kingdom has legal relationships to many territories outside its borders. These include
sovereign state
A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defin ...
s that do and do not share a monarch and judicial institutions with the UK, and
dependencies where the UK government, parliament, and crown do retain some power.
Independent sovereign states with British legal history
Most
countries that have gained independence from the UK are no longer subject to the British parliament, monarchy, or courts. They consist of a mix of
republic
A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
s (for example
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
and
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
) and local
monarchies
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic (constitutional monarchy), ...
(for example
Kuwait
Kuwait (; ar, الكويت ', or ), officially the State of Kuwait ( ar, دولة الكويت '), is a country in Western Asia. It is situated in the northern edge of Eastern Arabia at the tip of the Persian Gulf, bordering Iraq to the nort ...
and
Brunei
Brunei ( , ), formally Brunei Darussalam ( ms, Negara Brunei Darussalam, Jawi alphabet, Jawi: , ), is a country located on the north coast of the island of Borneo in Southeast Asia. Apart from its South China Sea coast, it is completely sur ...
) with no relationship to the royal
House of Windsor
The House of Windsor is the reigning royal house of the United Kingdom and the other Commonwealth realms. In 1901, a line of the House of Saxe-Coburg and Gotha (itself a cadet branch of the House of Wettin) succeeded the House of Hanover to t ...
. The colonies and possessions were created and separated from the UK under a wide variety of circumstances, resulting in a spectrum of influence of British law in domestic law.
At the strongly influenced end of the spectrum, for example, is the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. The
Royal Proclamation of 1763
The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It followed the Treaty of Paris (1763), which formally ended the Seven Years' War and transferred French territory in North America to Great Britain. The Procla ...
explicitly applied
English 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.
Principal elements of English law
Although the common law has, historically, bee ...
to all British overseas colonies, and affirmed some degree of local law-making. The
American Revolutionary War
The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
resulted in a unilateral separation recognized by the
Peace of Paris (1783)
The Peace of Paris of 1783 was the set of treaties that ended the American Revolutionary War. On 3 September 1783, representatives of King George III of Great Britain signed a treaty in Paris with representatives of the United States of America ...
, but the English system continued to be used as the basis for court decisions. Over time, it was modified by the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, state constitutions, and federal and state court decisions particular to their own jurisdictions. Colonial land grants of the British kings still remained relevant in some later boundary disputes of the former
Thirteen Colonies
The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of Kingdom of Great Britain, British Colony, colonies on the Atlantic coast of North America. Fo ...
, though adjudicated by the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. But some parts of the United States not subject to British rule have laws based on other traditions, such as French civil law in
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
, and Native American law in
areas of tribal sovereignty.
Some countries were granted independence by an act of the UK parliament (for example, the
Statute of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown.
Passed on 11 December 1931, the statute increased the sovereignty of the ...
) and have likewise diverged from UK law either under or after British rule. An example at the other end of the spectrum, despite occasional control for geopolitical reasons, British law had little impact on the
law of Afghanistan
The legal system of Afghanistan consists of Islamic, statutory and customary rules. It has developed over centuries and is currently changing in the context of the rebuilding of the Afghan state. The supreme law of the land is the Sharia. In ad ...
.
Independent sovereign states with shared institutions
By special agreement, the UK-based
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
acts as the court of highest appeal for three former colonies which are now republics (
Mauritius
Mauritius ( ; french: Maurice, link=no ; mfe, label=Mauritian Creole, Moris ), officially the Republic of Mauritius, is an island nation in the Indian Ocean about off the southeast coast of the African continent, east of Madagascar. It incl ...
,
Trinidad and Tobago
Trinidad and Tobago (, ), officially the Republic of Trinidad and Tobago, is the southernmost island country in the Caribbean. Consisting of the main islands Trinidad and Tobago, and numerous much smaller islands, it is situated south of ...
, and for constitutional rights,
Kiribati
Kiribati (), officially the Republic of Kiribati ( gil, ibaberikiKiribati),[Kiribati]
''The Wor ...
) and has a special consultation agreement with the
Sultan of Brunei
The sultan of Brunei is the monarchical head of state of Brunei and head of government in his capacity as prime minister of Brunei. Since independence from the British in 1984, only one sultan has reigned, though the royal institution dates bac ...
.
Commonwealth realms
Commonwealth realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealt ...
s (for example
Australia
Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
) are former colonies that are now sovereign states fully independent of the UK parliament. However, they share other legal institutions with the UK, to varying degrees.
King Charles III
Charles III (Charles Philip Arthur George; born 14 November 1948) is King of the United Kingdom and the 14 other Commonwealth realms. He was the longest-serving heir apparent and Prince of Wales and, at age 73, became the oldest person to a ...
remains the
constitutional monarch
A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
of each realm in its own right, and retains a limited set of powers (
royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
) to be exercised either personally or through a local
viceroy
A viceroy () is an official who reigns over a polity in the name of and as the representative of the monarch of the territory. The term derives from the Latin prefix ''vice-'', meaning "in the place of" and the French word ''roy'', meaning "k ...
. Most powers are irrevocably delegated to a parliament more or less modelled on the
Westminster system.
Crimes in Commonwealth realms are prosecuted in the name of the crown, and the crown remains the notional arbiter of disputes. In some realms appeals may be directed to the monarch as a last resort. Adjudication of these appeals is delegated to
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
, which draws judges from the UK and across the Commonwealth. In other realms, a domestic court has been made the highest court of appeal. (See for full list.)
The "Imperial" Privy Council based in England advises the shared monarch on the use of
royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
s and parliament-authorized powers in the form of
Orders in Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
, and can also issue its own delegated
Orders of Council
An Order of Council is a form of legislation in the United Kingdom. It is made by the Lords of the Privy Council (in practice, ministers of the Crown).
Orders of Council differ from Orders in Council in that, while Orders in Council are orders ...
. In some countries, a domestic council performs this function, namely:
*
Federal Executive Council (Australia)
In Australia's political system, the Federal Executive Council is a body established by Section 62 of the Australian Constitution to advise the Governor-General, Text may be copied from this source, which is available under Attribution 4.0 Int ...
*
King's Privy Council for Canada
The 's Privy Council for Canada (french: Conseil privé du Roi pour le Canada),) during the reign of a queen. sometimes called Majesty's Privy Council for Canada or simply the Privy Council (PC), is the full group of personal consultants to the ...
*
Executive Council of New Zealand
The Executive Council of New Zealand ( mi, Te Komiti Matua o Aotearoa) is the full group of " responsible advisers" to the governor-general, who advise on state and constitutional affairs. All government ministers must be appointed as executive ...
Similar to other former colonies, Commonwealth realms also share a common legal history with the UK. For example, Canada underwent a long period of patriation of its constitution, beginning with the
Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
and ending with the
Constitution Act, 1982
The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
. Like their southern neighbours, the Proclamation of 1763 extended English Common law to all the Canadian colonies, including
Nova Scotia
Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland".
Most of the population are native Eng ...
(which being Scottish might have operated under
Scots law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...
).
French civil law
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is t ...
was later re-applied to
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
.
Crown Dependencies
The
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
are held by the British Monarch by virtue of inheriting the
feudal
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in Middle Ages, medieval Europe between the 9th and 15th centuries. Broadly defined, it was a wa ...
title of
Duke of Normandy
In the Middle Ages, the duke of Normandy was the ruler of the Duchy of Normandy in north-western Kingdom of France, France. The duchy arose out of a grant of land to the Viking leader Rollo by the French king Charles the Simple, Charles III in ...
. These were never part of England, Wales, Scotland, Ireland, or the United Kingdom. Most of the historical
Duchy of Normandy
The Duchy of Normandy grew out of the 911 Treaty of Saint-Clair-sur-Epte between King Charles III of West Francia and the Viking leader Rollo. The duchy was named for its inhabitants, the Normans.
From 1066 until 1204, as a result of the Norman c ...
is on the European continent and was conquered by France. The
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
is held by the British Monarch by virtue of inheriting the feudal title of
Lord of Mann
The lord of Mann ( gv, Çhiarn Vannin) is the lord proprietor and head of state of the Isle of Man. The current lord proprietor and head of state is Charles III. Before 1504 the head of state was known as King of Mann.
Relationship with th ...
. It was previously ruled by Norway, England, and Scotland, before the feudal rights were purchased from Scottish dukes (after English-Scottish unification) by the United Kingdom in 1765. Due to local opposition, it was never merged into England as previously planned, and remains a distinct possession of the monarchy.
Each jurisdiction has a locally elected parliament with broad but not unlimited autonomy. The British monarchy retains responsibility for defence, citizenship law, and foreign affairs of the dependencies, and has delegated these responsibilities to the UK government and parliament. The UK parliament generally acts in consultation or gains the consent of the local government when passing laws that have effect in the dependencies. Residents of the dependencies do not have representation in the UK parliament. UK law does not apply to the dependencies unless explicitly stated, and such laws are almost always executed by the monarch in the form of an
Order in Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
. Whether the UK parliament retains the power to pass laws against the will of the local governments is disputed, and was tested with the
Marine, &c., Broadcasting (Offences) Act 1967.
Legal cases may be appealed to the
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
. Residents are treated the same as residents of the UK for the purposes of
British nationality law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
, though local governments control local immigration and employment. Prior to Brexit this made citizens of the British dependencies EU citizens, but the exchange of people and goods with the EU and UK was subject to
special arrangements.
British Overseas Territories
Though not considered internal to the boundaries of United Kingdom, the UK maintains control over British Overseas Territories. Unlike Commonwealth realms, BOTs fall within the
Monarchy of the United Kingdom
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the constitutional form of government by which a hereditary sovereign reigns as the head of state of the United Kingdom, the Crown Dependencies (the Bailiwi ...
. The
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Aug ...
is the court of final appeal. Three of the BOT are uninhabited, and
Akrotiri and Dhekelia
Akrotiri and Dhekelia, officially the Sovereign Base Areas of Akrotiri and Dhekelia (SBA),, ''Periochés Kyríarchon Váseon Akrotiríou ke Dekélias''; tr, Ağrotur ve Dikelya İngiliz Egemen Üs Bölgeleri is a British Overseas Territory o ...
is military property; in these places, the UK government rules directly and on all matters.
The inhabited British Overseas Territories do not have representation in the UK parliament, and are thus on the United Nations list of non-self-governing territories. Residents of Gibraltar, prior to Brexit were the only BOT which was a part of the European Union, and voted for a representative in the European Parliament in the South West England (European Parliament constituency), South West England district. Prior to Brexit all citizens of British Overseas Territories were EU citizens, even though European Union law only applied in Gibraltar and the United Kingdom proper.
The inhabited territories each have their own legal system (based largely on English common law), with autonomy varying considerably with the size of the population. For example, Bermuda, Gibraltar, and the Falkland Islands are autonomously governed by their locally elected parliaments, with the UK responsible only for defence and foreign affairs (and granting limited autonomy to local governments to have relations with other countries and international organizations). On the sparsely populated Pitcairn Islands, the representative of the UK government has nearly unlimited powers.
British nationality law, Citizenship and nationality law is governed by the UK parliament, but immigration is controlled by local governments. The UK parliament retains the ultimate legislative power, and ensures good governance.
See also
*
British nationality law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
*British labour law
*Constitution of the United Kingdom
*Copyright law of the United Kingdom
*Legal education in the United Kingdom
*List of Acts of Parliament in the United Kingdom
*Software patents under United Kingdom patent law
*United Kingdom company law
*UK commercial law
*UK competition law
*United Kingdom trade mark law
References
External links
UK legislation
{{DEFAULTSORT:Law Of The United Kingdom
Law of the United Kingdom,