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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.[1][2][3]

Not to be confused with Law of the United Kingdom.

Principal elements[edit]

Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations[a] and by-laws. In the absence of any statutory law, the common law with its principle of stare decisis forms the residual source of law, based on judicial decisions, custom, and usage.[4][5]


Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament.[6][b]


Not being a civil law system, it has no comprehensive codification.[c] However, most of its criminal law has been codified from its common law origins, in the interests both of certainty and of ease of prosecution.[7][8] For the time being, murder remains a common law crime rather than a statutory offence.[9][d]


Although Scotland and Northern Ireland form part of the United Kingdom and share Westminster as a primary legislature, they have separate legal systems outside English law.


International treaties such as the European Union's Treaty of Rome[e] or the Hague-Visby Rules have effect in English law only when adopted and ratified by Act of Parliament.[11] Adopted treaties may be subsequently denounced by executive action,[12] unless the denouncement or withdraw would affect rights enacted by Parliament. In this case, executive action cannot be used owing to the doctrine of parliamentary sovereignty. This principle was established in the case of R (Miller) v Secretary of State for Exiting the European Union in 2017.

Legislation (primary and secondary)

The case law rules of common law and equity, derived from

precedent decisions

Parliamentary conventions

[l]

General customs

[m]

Books of authority

In England there is a hierarchy of sources, as follows:[24]


The rule of European Union law in England, previously of prime importance, has been ended as a result of Brexit.[25]

Acts of Parliament

Acts of the Scottish Parliament

of the Northern Ireland Assembly

Statutory rules

Primary legislation in the UK may take the following forms:


Orders in Council are a sui generis category of legislation.


Secondary (or "delegated") legislation in England includes:


Statutes are cited in this fashion: "Short Title Year", e.g. Theft Act 1968.[n][26] This became the usual way to refer to Acts from 1840 onwards; previously Acts were cited by their long title with the regnal year of the parliamentary session when they received royal assent, and the chapter number. For example, the Pleading in English Act 1362 (which required pleadings to be in English and not Law French) was referred to as 36 Edw. 3. c. 15, meaning "36th year of the reign of Edward III, chapter 15".[o] (By contrast, American convention inserts "of", as in "Civil Rights Act of 1964").

Beale, Joseph H. (1935). A Treatise on the Conflict of Laws.  978-1-58477-425-9

ISBN

Darbyshire, Penny (2017). Darbyshire on the English Legal System - 12th ed - Sweet & Maxwell -  978-0-414-05785-2

ISBN

Dicey, A. V.; Morris, J. H. C. & Collins, Lawrence (1993). Dicey and Morris on the Conflict of Laws 12th ed. London: Sweet & Maxwell  978-0-420-48280-8

ISBN

Slapper, Gary & Kelly, David (2016). The English Legal System. London: Routledge.  978-1-138-94445-9.

ISBN

Barnett, Hilaire (2008). Constitutional & Administrative Law. London: Routledge-Cavendish.  978-0-415-45829-0.

ISBN

Further reading

via Online Library of Liberty, with notes, by S. F. C. Milsom, originally published in Cambridge University Press's 1968 reissue.

The History of English Law before the Time of Edward I, 2 vols.

"", Legal Sourcery, 21 March 2017, Alan Kilpatrick.

First Edition of Halsbury’s Laws of England Digitized

Leeming, Mark. (PDF). Archived from the original (PDF) on 2023-03-26. Retrieved 2019-02-18. (2013) 36(3) University of New South Wales Law Journal 1002.

"Theories and principles underlying the development of the common law"