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The United Kingdom of Great Britain and Northern Ireland

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Synopsis

Chapter 1 - THE BASICS OF LEGAL SYSTEM THE UNITED KINGDOM

The United Kingdom of Great Britain and Northern Ireland consists of England,

Wales, Scotland and Northern Ireland. It was established in 1801 with the union of Great

Britain and Ireland, but only achieved its present form in 1922, with the partition of

Ireland and the establishment of the independent Irish Free State (later the Republic of

Ireland).

England and Wales have a combined judicial system, while Scotland and Northern

Ireland have their own judicial systems.

The Queen is the Head of State, although in practice the supreme authority of the

Crown is exercised by the government of the day. The UK legislature is a bicameral

parliament, consisting of the House of Commons and the House of Lords. The House of

Commons consists of 650 Members of Parliament (MPs) elected by simple majority vote

in a general election every five years. The House of Lords has more than 700 members,

who fall into three categories: life peers (the largest group), hereditary peers, and bishops;

most peers are appointed on the recommendation of the Prime Minister or the House of

Lords Appointments Commission.

Sources of UK Law

The three principal sources of UK law are legislation, common law and European

Union law. There is no single series of documents that contains the whole of the law of

the UK.

Legislation

The principal legislature is the UK Parliament, which is based in London. This is

the only body that has the power to pass laws that apply in all four countries. The UK

Parliament consists of the House of Commons and the House of Lords.

The House of Commons consists of 650 Members of Parliament (MPs). Each MP

represents a defined geographic constituency, whose electors vote using a "first-past-thepost" system. Each elector has one vote, and the candidate with the highest number of

votes is elected as MP for that constituency. MPs are only allowed to sit for the lifetime of

the Parliament, that is, the length of time between General Elections when a new set of

MPs is elected. However, MPs can be reelected a limitless number of times.

The House of Lords consists of nearly 800 peers, of whom 600 are formally

appointed by the Queen on the recommendation of the Prime Minister. The~ther

members of the House of Lords are people who have inherited aristocratic titles such as

"Lord" or "Lady", and senior bishops of the Church of England.

Notwithstanding its common law heritage, the modern UK legal system relies

heavily on statutory law. We should bear in mind that there is no official compilation of

all UK statutes currently in force comparable to the United States Code. Nevertheless,

consolidated legislation, which incorporates all subsequent revisions and amendments

made to the original legislation, is readily accessible from both official and unofficial

sources.

Acts of Parliament (Primary Legislation)

Acts of Parliament, sometimes referred to as primary legislation, are the supreme law

in the United Kingdom. Most Acts of Parliament fall into one of two broad categories:

Public General Acts of universal application and Private Acts affecting~nly specified

localities, entities or individuals. A third category of Hybrid Acts combines elements

of both public and private acts. The vast majority of UK legal research involves Public

General Acts.

The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly

each enact primary legislation for their respective jurisdictions, but only with respect to

those matters that have been devolved to them by the national Parliament in London.

Secondary (Delegated) Legislation

Secondary legislation refers to specialized rules and regulations issued by ministers or

governmental entities acting under authority delegated to them by an Act of Parliament.

Such rules, also known as delegated legislation, have the force oflaw and are analogous to

regulations issued by administrative agencies in the United States.

The most common type of secondary legislation is known as a Statutory Instrument

(SI). Other types of secondary legislation include Orders in Council and Orders of

Council.

The Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly

also enact primary legislation that authorizes the creation of secondary legislation

applicable within their respective jurisdictions.

Common Law

Common law, also known as case law or precedent, is law developed by judges,

courts, and similar tribunals, stated in decisions that nominally decide individual cases

but that, in addition, have precedential effect on future cases. Common law is a third

branch of law, in contrast to and on equal footing with statutes which are adopted

through the legislative process, and regulations which are promulgated by the executive

branch. In cases where the parties disagree on what the law is, a common law court looks

to past precedential decisions of relevant courts. If a similar dispute has been resolved in

the past, the court is usually bound to follow the reasoning used in the prior decision,

which is a principle known as stare decisis. If, however, the court finds that the current

dispute is fundamentally distinct from all previous cases, which is called a "matter of first

impression", judges have the authority and duty to resolve the issue, in which one party or

the other has to win, and on disagreements of law, judges make that decision. Resolution

of the issue in one case becomes precedent that binds future courts. Stare decisis, the

principle that cases should be decided according to consistent principled rules so that

similar facts will yield similar results, lies at the heart of all common law systems.

The concept "common law system" refers to a legal system that gives great precedential weight to common law. Common law systems originated during the Middle Ages in England, and from there propagated to the colonies of the British Empire. Today, one third of the world's population live in common law jurisdictions or in systems mixed with civil law. The legal system of England and Wales is a common law one, so the decisions of the senior appellate courts (see below) become part of the law.