2015-10-13
2428
The United Kingdom of Great Britain and Northern Ireland consists of four countries with three major legal systems which have been developed indigenously. The three systems, each with their own legal rules, courts and legal professions, are based geographically and comprise:
| England and Wales These two areas form one jurisdiction. Although there is now to be devolution for Wales, Wales has not since early medieval times had a legal system distinct from England. The national courts (High Court, Court of Appeal and House of Lords) are based in London, but there are local courts (Magistrates’ Courts and County Courts) throughout the country and the Crown Court has many locations. |
| Northern Ireland Northern Ireland has some unusual features in its system, which is centred in Belfast. Many relate to the political instability and violence which has been endemic in the Province since its establishment. One such feature is the absence of a jury in "terrorist" trials. But the legal system of Northern Ireland has otherwise grown very similar to that of England and Wales, especially since the imposition of " Direct Rule " under a British Secretary of State since mid-1972. |
| Scotland Scotland had its own system of laws and courts (based in Edinburgh) before its union with England and Wales in 1707. The Acts of Union of 1707 expressly allowed these to continue, and so Scotland retains many distinctions from the English system. This might be further encouraged by devolution which is now to be implemented for Scotland. |
The UK does not have a “written” constitution and its law system is made up of four main parts:
· statute law
· common law
· conventions
· works of authority.
Of these, statute law is the most important and takes precedence. Although the Queen is the Head of State, Parliament is regarded as the supreme law-making authority. Much of the relationship between the Sovereign and Parliament is based on tradition rather than statute. The Government has two legislative chambers: the House of Commons and the House of Lords. The House of Commons consists of elected members and the House of Lords consists of elected peers as well as those with inherited titles (currently undergoing reform).
|
|
|
In addition to statute law passed by Parliament, legal principles are also based on the decisions of judges interpreting statute law. These collected judicial decisions form the common law. Each of the three UK jurisdictions has developed its own common law or case law. Common law can be changed by legislation, but cannot overrule or change statutes. The last element of the UK constitution consists of conventions and works of authority which do not have statutory authority, but nevertheless have binding force.
