English law

English law
Name	English law
Caption	The Royal Courts of Justice in London are a central seat for its administration.
Type	Common law
Origin	Anglo-Saxon law, Norman conquest of England
Established	Developed from the 12th century
Key institutions	Parliament of the United Kingdom, Judiciary of England and Wales, Supreme Court of the United Kingdom
Jurisdictions	England and Wales

English law. It is the legal system of England and Wales, forming the original foundation of the common law tradition that has spread globally. Its development, distinct from the civil law systems of continental Europe, has been profoundly shaped by judicial precedent and the authority of Parliament. The system's principles and institutions have been exported worldwide, influencing jurisdictions from the United States to Australia and India.

History

Its origins are deeply rooted in the customs of the Anglo-Saxons, which were first systematically documented under Alfred the Great. The pivotal transformation began after the Norman conquest of England in 1066, with the Curia Regis establishing a more centralized royal justice. The reign of Henry II in the 12th century institutionalized this through itinerant royal judges, creating a unified "common law". Landmark documents like the Magna Carta, sealed under King John, asserted legal principles limiting royal power. Subsequent centuries saw the development of parallel systems, such as equity administered by the Court of Chancery to mitigate the rigidity of common law, and distinct courts like the Court of King's Bench. The Glorious Revolution of 1688 and the Bill of Rights 1689 cemented Parliamentary sovereignty, a cornerstone principle. The Judicature Acts of the 1870s, championed by figures like Lord Selborne, finally merged the administration of common law and equity, creating the modern court structure.

Sources of law

The primary source is legislation enacted by the Parliament of the United Kingdom, with significant statutes including the Human Rights Act 1998 and the Equality Act 2010. Judicial precedent, or *stare decisis*, where binding decisions are made by higher courts such as the Supreme Court of the United Kingdom and the Court of Appeal of England and Wales, is equally fundamental. Historically, authoritative scholarly works, such as those by William Blackstone in his *Commentaries on the Laws of England*, and by earlier jurists like Henry de Bracton, also served as important sources. While not a source of law itself, the European Convention on Human Rights is incorporated directly into domestic law via statute. Other sources include retained European Union law and certain ancient customs recognized by the courts.

Legal institutions

The senior judiciary is headed by the Supreme Court of the United Kingdom, the final court of appeal for most cases, which succeeded the Appellate Committee of the House of Lords in 2009. Major lower courts include the Court of Appeal and the High Court of Justice, with divisions like the King's Bench Division and the Chancery Division. Significant criminal trials are held in the Crown Court, while the Magistrates' Court handles summary offences. The legal profession is divided between barristers, who typically advocate in higher courts, and solicitors, who provide direct client advice; their governing bodies are the General Council of the Bar and the Law Society of England and Wales, respectively. The Crown Prosecution Service, headed by the Director of Public Prosecutions, is responsible for public prosecutions.

Substantive law

Its criminal law defines offences ranging from murder and theft to modern statutes like the Computer Misuse Act 1990. Landmark cases, such as those concerning mens rea, are foundational. The law of torts, including negligence, nuisance, and defamation, provides remedies for civil wrongs, with principles established in cases like Donoghue v Stevenson. Contract law is governed by common law principles of offer, acceptance, and consideration, supplemented by statutes like the Sale of Goods Act 1979. Land law, concerning estates and interests in property, has been heavily reformed by acts such as the Law of Property Act 1925. The Constitution of the United Kingdom, being uncodified, is drawn from statutes like the Magna Carta, the Bill of Rights 1689, and conventions.

Procedure and evidence

Criminal procedure is governed by the Police and Criminal Evidence Act 1984, which sets out powers of arrest and detention, and the Criminal Justice Act 2003. The Crown Prosecution Service decides on charges based on the evidence. In civil litigation, rules are primarily set out in the Civil Procedure Rules 1998, which emphasize overriding objectives like proportionality. The law of evidence includes rules on the admissibility of hearsay and the examination of witnesses, with the general principle that the burden of proof lies on the prosecution in criminal cases (beyond reasonable doubt) and on the claimant in civil cases (on the balance of probabilities). Key evidential rules were historically developed by courts like the Court of Common Pleas.

Relationship with other legal systems

It is distinct from the legal systems of Scots law and Northern Ireland law, though all three jurisdictions form part of the Law of the United Kingdom and are subject to the ultimate authority of the Parliament of the United Kingdom and the Supreme Court of the United Kingdom. It has had a profound influence on the common law systems of many nations, including the United States, Canada (except Quebec), Australia, and New Zealand. Historically, it was a significant source for Indian law during the British Raj. While the United Kingdom was a member of the European Union, the Court of Justice of the European Union had supremacy in matters of European Union law, a relationship altered by the withdrawal process.

Category:English law Category:Common law legal systems