English law, the
legal system of
England and Wales, is the basis of
common law legal systems throughout the world (as opposed to
civil law or
pluralist systems in other countries, such as
Scots law). It was exported to
Commonwealth countries while the
British Empire was established and maintained, and it forms the basis of the
jurisprudence of most of those countries. English law prior to the
American revolution is still part of the
law of the United States, except in Louisiana, and provides the basis for many American legal traditions and policies, though it has no superseding jurisdiction.
The essence of English common law is that it is made by
judges sitting in
courts, applying their common sense and knowledge of
legal precedent (
stare decisis) to the facts before them. A decision of the highest
appeal court in England and Wales, the
House of Lords, is binding on every other court in
the hierarchy, and they will follow its directions. For example, there is no
statute making
murder illegal. It is a common law crime - so although there is no written
Act of Parliament making murder illegal, it is illegal by virtue of the constitutional authority of the courts and their previous decisions. Common law can be amended or repealed by Parliament; murder, by way of example, carries a mandatory life sentence today, but had previously allowed the
death penalty.
England and Wales are
constituent countries of the
United Kingdom, which is a member of the
European Union and
EU law is effective in the UK. The European Union consists mainly of countries which use civil law and so the civil law system is also in England in this form, and the
European Court of Justice, a predominantly civil law court, can direct English and Welsh courts on the meaning of EU law.
The oldest law currently in force is the
Distress Act 1267, part of the
Statute of Marlborough, (52 Hen. 3). Three sections of
Magna Carta, originally signed in 1215 and a landmark in the development of English law, are still extant, but they date to the reissuing of the law in 1297.
England and Wales as a distinct jurisdiction See also Contemporary Welsh Law Although
devolution has accorded some degree of political autonomy to
Wales in the
National Assembly for Wales, it does not currently have
sovereign law-making powers until after the
2007 Welsh general election when the
Government of Wales Act 2006 grants powers to the
Welsh Assembly Government to produce some
primary legislation. The legal system administered through both civil and criminal courts will remain unified throughout
England and
Wales. This is different from the situation of
Northern Ireland, for example, which did not cease to be a
state when its legislature was suspended (see
Northern Ireland (Temporary Provisions) Act 1972).
A major difference is also the use of the
Welsh language, as laws concerning it apply in Wales and not in England. The
Welsh Language Act 1993 is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales with regard to the public sector. Welsh can also be spoken in Welsh courts.
Wales The Interpretation Act 1978, Schedule 1 distinctively identifies the following: "British Islands", "England", and "United Kingdom". The use of the term "
British Isles" is virtually obsolete in statutes and, when it does appear, it is taken to be synonymous with "British Islands". For interpretation purposes, England includes a number of specified elements:
"Great Britain" means England and Scotland including its adjacent territorial waters and the islands of
Orkney and
Shetland, the
Hebrides, and
Rockall (by virtue of the Island of Rockall Act 1972). The "United Kingdom" means Great Britain and Northern Ireland and their adjacent territorial waters. It does not include the Isle of Man; nor the
Channel Islands, whose independent status was discussed in
Rover International Ltd. v Canon Film Sales Ltd. (1987) 1 WLR 1597 and
Chloride Industrial Batteries Ltd. v F. & W. Freight Ltd. (1989) 1 WLR 823. The "British Islands" means the "United Kingdom", the Isle of Man, and the Channel Islands.
Wales and Berwick Act 1746, section 3 (entire Act now repealed) formally incorporated Wales and
Berwick-upon-Tweed into England. But section 4
Welsh Language Act 1967 provided that references to England in future Acts of Parliament should no longer include Wales (see now Interpretation Act 1978, Schedule 3, part 1). But Dicey & Morris say (at p28) "It seems desirable to adhere to Dicey's [the original] definition for reasons of convenience and especially of brevity. It would be cumbersome to have to add "or Wales" after "England" and "or Welsh" after "English" every time those words are used."
the "adjacent islands" of the
Isle of Wight and
Anglesey are a part of England and Wales by custom, while
Harman v Bolt (1931) 47 TLR 219 expressly confirms that
Lundy is a part of England.
the "adjacent territorial waters" by virtue of the Territorial Waters Jurisdiction Act 1878 and the Continental Shelf Act 1964 as amended by the Oil and Gas Enterprise Act 1982.
Statutory framework Since 1189, English law has been described as a
common law rather than a
civil law system (i.e. there has been no major
codification of the law, and
judicial precedents are binding as opposed to persuasive). In the early centuries, the justices and
judges were responsible for adapting the
Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g. the
Law Merchant began in the Pie-Powder Courts (a corruption of the
French "pieds-poudrés" or "dusty feet", meaning ad hoc marketplace courts). As
Parliament developed in strength, and subject to the doctrine of
separation of powers,
legislation gradually overtook judicial law making so that, today, judges are only able to innovate in certain very narrowly defined areas. Time before 1189 was defined in
1276 as being
time immemorial.
Common law One of the major problems in the early centuries was to produce a system that was certain in its operation and predictable in its outcomes. Too many judges were either partial or incompetent, acquiring their positions only by virtue of their
rank in
society. Thus, a standardised procedure slowly emerged, based on a system termed
stare decisis. Thus, the
ratio decidendi of each case will bind future cases on the same generic set of facts both horizontally and vertically. The highest appellate court in the UK is the
House of Lords (the judicial members of which are termed
Law Lords or, specifically if not commonly Lords of Appeal in Ordinary) and its decisions are binding on every other court in the hierarchy which are obliged to apply its rulings as the law of the land. The
Court of Appeal binds the lower courts, and so on. Since joining what is now termed the
European Union,
European Union Law has
direct effect in the UK, and the decisions of the
European Court of Justice bind the UK courts.
Precedent The influences are two-way.
The United Kingdom exported its legal system to the
Commonwealth countries during the
British Empire, and many aspects of that system have persisted after the British withdrew or granted independence to former dominions. English law prior to the Wars of Independence is still an influence on
United States law, and provides the basis for many
American legal traditions and policies. Many states that were formerly subject to English law (such as
Australia) continue to recognise a link to English law - subject, of course, to statutory modification and judicial revision to match the law to local conditions - and decisions from the English law reports continue to be cited from time to time as persuasive authority in present day judicial opinions. For a few states, the British
Privy Council remains the ultimate court of appeal. Many
jurisdictions which were formerly subject to English law (such as
Hong Kong) continue to recognise the common law of England as their own - subject, of course, to statutory modification and judicial revision - and decisions from the English Reports continue to be cited from time to time as persuasive authority in present day judicial opinions.
The UK is a dualist in its relationship with international laws, i.e. international obligations have to be formally incorporated into English law before the courts are obliged to apply
supranational laws. For example, the
European Convention on Human Rights and Fundamental Freedoms was signed in 1950 and the UK has allowed individuals to make complaints to the European Commission on Human Rights since 1966. Now s6(1)
Human Rights Act 1998 (HRA) makes it unlawful "... for a public authority to act in a way which is incompatible with a convention right", where a "public authority" is any person or body which exercises a public function, expressly including the courts but expressly excluding Parliament. Although the European Convention has begun to be applied to the acts of non-state agents, the HRA does not make the Convention specifically applicable between private parties. Courts have taken the Convention into account in interpreting the common law. They also must take the Convention into account in interpreting Acts of Parliament, but must ultimately follow the terms of the Act even if inconsistent with the Convention (s3 HRA).
Similarly, because the UK remains a strong international trading nation, international consistency of decision making is of vital importance, so the Admiralty is strongly influenced by
Public International Law and the modern commercial
treaties and conventions regulating shipping.
Overseas influences English law has significant antiquity. The oldest law currently in force is the Distress Act 1267, part of the
Statute of Marlborough (52 Hen. 3). Three sections of
Magna Carta, originally signed in
1215 and a landmark in the development of English law, are still extant, but they date to the reissuing of the law in
1297.
Statute Subjects and links English Criminal Code Intention in English law Causation in English law Manslaughter in English law Murder in English law Theft in English law Robbery in English law Necessity in English law Provocation in English law Duress in English law Self-defence in English law Diminished responsibility in English law Criminal law Fundamental laws of England Family law Main article: English tort law Tort Consideration under English law Estoppel (English law) Measure of Damages (under English law) 
Contract Chose (English law) Evidence Licensing law in England and Wales Residence in English law
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