Law of England and Wales
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| Law of England and Wales | |
|---|---|
 Jonas Magnus Lystad · CC BY-SA 4.0 · source | |
| Name | Law of England and Wales |
| Caption | Royal Arms used in courts of United Kingdom |
| Jurisdiction | England and Wales |
| Established | Common law origins |
Law of England and Wales The law of England and Wales is the legal system applying in England and Wales and distinct from the systems of Scotland and Northern Ireland, rooted in common law and shaped by statutes from the Parliament of the United Kingdom, decisions of the Supreme Court of the United Kingdom, and historical instruments such as the Magna Carta and the Bill of Rights 1689. It governs civil matters including contract law and tort law as well as criminal offences prosecuted in institutions like the Crown Prosecution Service and adjudicated in courts from the Magistrates' Court to the King's Bench Division.
History
The legal tradition emerged after the Norman Conquest and developed through royal courts such as the Court of Common Pleas, the Court of King's Bench, and the Exchequer of Pleas, evolving doctrines found in cases like those reported in the Year Books and consolidated by figures including Henry II and jurists linked to the Oxford and Cambridge legal scholarship. Over centuries statutes such as the Statute of Westminster series, constitutional settlements like the Act of Union 1707, and reforms arising from commissions such as the Law Commission transformed procedure and substance while landmark events including the English Reformation and the Glorious Revolution influenced criminal and property rules. Nineteenth-century reforms influenced by judges and lawmakers such as Lord Chancellor Eldon and legislators associated with the Reform Acts modernised civil procedure alongside administrative changes effected after the Second World War and in response to membership of the European Union and decisions of the European Court of Human Rights.
Sources of Law
Primary sources include legislation enacted by the Parliament of the United Kingdom such as the Human Rights Act 1998, delegated legislation made by ministers accountable to the Privy Council, and case law from appellate courts like the Court of Appeal and the Supreme Court of the United Kingdom where precedents under doctrines articulated by judges such as Lord Denning shape doctrine. Equity developed in the Court of Chancery and survives in remedies like injunctions and trusts influenced by authorities including Lord Eldon and decisions recorded in reports such as the All England Law Reports. International obligations deriving from instruments like the European Convention on Human Rights and World Trade Organization agreements can affect domestic law through incorporation or interpretive duties observed by courts such as the European Court of Human Rights and the International Court of Justice in relation to treaties like the Treaty of Lisbon.
Constitutional Framework and Institutions
The uncodified constitution is formed from statutes such as the Bill of Rights 1689 and the Human Rights Act 1998, conventions isolated in writings referencing actors like the Prime Minister of the United Kingdom and institutions including Parliament of the United Kingdom, the Monarch of the United Kingdom, and the Cabinet Office. Institutional players such as the Judicial Appointments Commission, the Ministry of Justice, and the Attorney General for England and Wales interact with independent bodies like the Bar Standards Board and the Solicitors Regulation Authority while constitutional crises have involved measures considered during events like the Westminster crisis and judicial reviews undertaken by courts such as the High Court of Justice.
Substantive Law (Civil and Criminal)
Civil law areas include contract law with principles developed in cases such as those reported in the Law Reports, tort law encompassing negligence established in landmark decisions and statutes like the Occupiers' Liability Act 1957, property law dealing with estates and trusts influenced by precedents from the Court of Chancery, family matters considered under statutes such as the Family Law Act 1996, and commercial regulation subject to rules from bodies like the Competition and Markets Authority. Criminal law defines offences from common law crimes to statutory offences in instruments such as the Offences Against the Person Act 1861 and procedural regulation in codes like the Criminal Procedure Rules, prosecuted by institutions including the Crown Prosecution Service and tried in venues ranging from the Magistrates' Court to the Crown Court and appealed to the Court of Appeal Criminal Division.
Legal Profession and Courts
The profession is divided between barristers regulated by the Bar Standards Board who may be appointed as Queen's Counsel or King's Counsel and solicitors regulated by the Solicitors Regulation Authority with training pathways through the Bar Professional Training Course and the Solicitors Qualifying Examination. The court hierarchy includes tribunals such as the First-tier Tribunal, superior courts like the High Court of Justice (comprising the Queen's Bench Division, Chancery Division, and Family Division), the Court of Appeal, and the Supreme Court of the United Kingdom with procedural oversight by officials including the Lord Chief Justice and structures influenced by reforms from the Constitutional Reform Act 2005.
Access to Justice and Legal Procedure
Access mechanisms include legal aid administered under frameworks from the Legal Aid, Sentencing and Punishment of Offenders Act 2012, pro bono services coordinated by organisations such as the LawWorks and the Citizens Advice Bureau, and alternative dispute resolution forums like arbitration under rules patterned after institutions including the London Court of International Arbitration and statutes such as the Arbitration Act 1996. Procedural modernisation includes civil rules reformed by the Civil Procedure Rules and criminal procedure guided by the Criminal Procedure Rules, with enforcement and remedies overseen by officers including Judges of the High Court and enforcement executed via mechanisms like writs and orders administered by Her Majesty's Courts and Tribunals Service.