The Uk legal system
Firstly, I want to talk about the definition of a legal system, it is the set of laws and rules that
the government enforces. However, formal law is the only one component of a larger legal
system that includes the institutions, content, and culture that give life to the written law.
There are 5 types of legal systems which are: Civil law systems, Common law systems,
Customary law systems, Religious legal systems, and Mixed legal systems.
- Civil law systems: Civil systems differ greatly in process and substantive law, therefore
performing study on a certain nation's civil law system should entail looking at that nation's
distinctive system of law, although they do share several distinguishing features.
- Common law systems: While they frequently have legislation, they rely on precedent, or
previous judicial rulings. Common law systems are adversarial rather than investigative,
with the court mediating between opposing parties
- Customary law systems: is a set of laws that depend on cultural, customs, and rules of a
local community.
- Religious legal systems: are those in which the law is derived from religious writings or
traditions.
- Mixed legal systems: are those in which two or more of the aforementioned legal systems
coexist.
Secondly, is the definition of law: a rule regarding behavior established by the government
or society in a specific sector. The law follows particular traditions and norms in dealing
with crime, trade, social relations, property, finance, and other issues.
There are four principal of law which are establishing standards, maintaining order,
resolving disputes, and protecting liberties and rights:
- Establishing standards: The law serves as a guideline for socially acceptable behavior.
- Maintaining order: This is a byproduct of standardization. A civic society requires some
sense of order, which is expressed in the law.
- Resolving disputes: is inherent in a society composed of people with diverse needs, goals,
beliefs, and perspectives.
- Protecting liberties and rights: The United States' and its states' constitutions and
legislation provide certain liberties and rights. The law's role is to defend these varied
liberties and rights against infractions or unwarranted intrusions by individuals,
organizations, or the government.
So here is the legal system of the United Kingdom:
- The United Kingdom has three legal systems, each of which draws from a specific
geographical location for historical reasons: English and Welsh law, Scots law, and Northern
Ireland law.
- It is likewise a hybrid, combining parts of common law and civil law.
- Legislation, case law, European Union law, human rights law, and customary law are all
sources of law in the United Kingdom.
- Civil courts, criminal courts, administrative courts, family courts, tribunals, and appellate
courts are all available.
Next, I want to talk about the classifications of law:
There are 4 different categories: Municipal Law and International Law, Public Law and
Private Law, Substantive Law and Procedural Law, Civil Law and Criminal Law
- Municipal Law and International Law:
+ Municipal Law: Municipal Law governs the relationships between persons subject to the
jurisdiction of the respective State, as well as the relationships between this State and the
respective individuals.
+ International Law: is a collection of laws that countries must follow in order to maintain
security and peace. It is a separate legal system that exists outside of the legal framework
of any given state.
- Public Law and Private Law:
+ Public Law: is the field of law that oversees connections between legal persons and the
government, as well as those between individuals who are directly concerned with society.
Public law governs the state's operations.
+ Private Law: is the law that deals with the rights and obligations of private persons and
their relationships. Private law governs the rights and duties of individuals, families,
enterprises, and small groups, and it exists to aid citizens in private law conflicts.
- Substantive Law and Procedural Law:
+ Subtantive Law: Individuals' initial rights and duties are governed by substantive law.
Common law, legislation, or a constitution can all be sources of substantive law.
+ Procedural Law: sets the legal principles that govern the creation, enforcement, and
application of substantive law, notably in a court of law. Procedural laws establish the
procedures for enforcing substantive laws.
- Civil Law and Criminal Law:
+ Civil Law: encompasses actions that cause harm to an individual or another private party,
such as a business.
+ Criminal Law: handles activity that can be recognized as a crime against the public,
society, or state - even if the immediate victim is a person. Murder, violence, theft, and drunk
driving are all examples.
1. According to Courts and Tribunals Judiciary (2023) the High Courts of England and
Wales are the Supreme Court, High Court of Justice, Court of Appeal, and Crown
Court. For purposes of law, it is shortened as EWHC. With a few legal variations, the
High Court hears all high-value and higher-importance civil law (non-criminal)
matters in the initial stages, and it also has oversight power over all subordinate
juridical bodies.
2. The Supreme Court is the last court of appeal for all civil proceedings and criminal
cases from England, Wales, and Northern Ireland. It considers appeals on debatable
legal issues of general public concern.
3. The Court of Appeal is one of the Senior Courts of England and Wales that is the
highest court in the United Kingdom beneath the Supreme Court. It is housed in the
Royal Courts of Law in London. The court is made up of many senior and ladies
justices of attraction, the chief judge, the commander of the pancakes, the leaders of
the High Court's three divisions (Chancery, Family, and Queen's Bench), and several
additional official members who serve on a part-time basis.
4. Crown Court is a judicial system in England and Wales that primarily handles
criminal proceedings. The Crown Court, established after the Judiciary Act of 1971,
superseded the Crown Courts of The Reds, Manchester, and London.
5. Magistrate Court is a lower court in England and Wales that hears summary
offenses and some triable either-way cases. Almost all criminal court proceedings
begin in a Magistrates' court, and around 95% are concluded there. Magistrates'
courts have a broad civil jurisdiction as well, hearing around 5 million cases every
year.
The tribunals are specialized courts in which judges and participants consider disputes
ranging from taxation to employment to citizenship and protection. The Upper Tribunal and
Employment Appeal Tribunal consider appeals from tribunal rulings.
Case law is law derived from past court rulings. It is sometimes referred to as "traditional
law" or "instance precedence," and it offers a common cultural foundation for particular
legal principles and how they are used in specific sorts of cases.
Equity may be roughly defined to mean equal or equitable. The legal definition of equity
relates to the regulations established to lessen the harshness of common law norms and
situations not covered by common law authority.
Legislation is the procedure or consequence of a lawmakers, the capitol or another
authority enrolling, establishing, or promoting laws.
Traditional law is a set of unstated regulations created by cultural or social traditions. When
a community views particular actions or conduct to be so widespread as needed by law,
whether formally recorded or not, those beliefs form a foundation for customary law.
Act of parliament
Act of Parliament introduces new legislation or modifies current legislation. An Act is
a Legislation that has received Royal Assent from the Monarch after its approval by both
the Houses of Commons and Lords. Acts of Parliament, when taken collectively, form what
is recognized as Statute Law in the United Kingdom.
European Union law is a set of regulations that govern the European Union's (EU)
governments. Since the establishment of the European Coal and Steel Community after
World War II, the EU has strived to " advance peace, its ideals, and the welfare of its
peoples."
the European Convention on Human Rights, also known as the Covenant for the
Safety of Human Rights and Fundamental Liberties, became available for signing in Rome
on 4 November 1950 and entered into effect on 3 September 1953. It was the first
document to give expression to and become obligatory certain liberties outlined in the
Universal Declaration of Human Rights.
Initial interest The government determines that a new legislation or amendment to a
current law is required. This might be caused by a number of things, including public
pressure, a shift in social circumstances, or a new technology advancement
The draft bill When the state determines that a new law is required, it will write
legislation. This is a detailed outline of the suggested law. The bill will be written by state
attorneys and officials in cooperation with subject matter experts.
The first reading .The measure goes to lawmakers (Parliament or Congress). At
this phase, the measure is read aloud and its title is printed in the legislative record. There is
no discussion or vote at the initial reading.
The second reading is the major phase of debate on the bill. Senators of lawmakers
will examine the measure in-depth and may make modifications. After the second reading,
lawmakers will vote on whether to adopt the law in general,
The committee stage The measure has been forwarded to a legislative panel
for further review. To obtain evidence from experts and participants, the committee may
arrange open houses. The committee will then suggest to the parliament whether the
measure should be approved with or without revisions.
The report stage The measure is reported back to the legislature, along with the
committee's suggestions. The assembly will discuss the measure again and vote on any
revisions the committee recommends.
The third reading The measure is read aloud one last time. The measure will then
be voted on by legislators. If the measure passes, it will be forwarded to the monarch for
royal assent.
The House of Lord stage The measure needs to be approved by the House of
Lords in the United Kingdom. The Chamber of Lords is an appointed upper chamber of
Parliament. The House of Lords can submit revisions to the measure, but it cannot veto it.
The royal assent The measure is signed into law by the head of state (typically
the king). The measure becomes law after it has obtained royal backing.
In conclusion, the judiciary plays an important role in legislating, from detecting the
requirement for novel legislation to drafting, debating, and passing it. The establishing laws
system is complicated and includes many various parties, but the governing body is mainly
responsible for making sure the rules that are approved are fair, effective, and in the best
interests of the public. The involvement of government in legislating is critical to ensuring
that society is guided by fair and reasonable laws. The legislative process is complex and
difficult, yet it is an essential aspect of every republic.
Statutory law describes laws adopted by legislatures such as Congress or
Parliament during the official legislative process. It encompasses laws established and
defined in legislation, codes, regulations, and ordinances). Statutory laws are already
drafted and only required to be applied to a given circumstance. Courts often interpret
statutory statutes narrowly. Statutory laws differ from regulation or legislative laws enacted
by legislative bodies and common law, or the law established by earlier court rulings. Civil
law nations with statutory law regimes include France, Germany, and Japan, whose laws are
generally established in extensive legal texts or particular legislation. According to Chen
(2022), Common law punishments are frequently established by precedence set in earlier
instances. The sentence may differ based on the facts of the situation and the state in
which the issue is resolved.
Common law Common law is a body of law founded on court rulings, court examples, and
traditions formed over the years by courts and lawyers. It is based on legal concepts and
judgments taken from past instances(Thomson Reuters, 2022).
According to Juillion (2020), Since there is no formal legal system that can apply to a
specific case, common law, also known as case law, is applied in justice courts by
depending on extensive records of previous instances and legislation. The judge sitting over
a case decides what rules apply to that individual case. Common law is being produced on
a daily basis without generating societal fragmentation or incurring any cost to the state.
The United Kingdom, the United States, Canada, and other nations that embraced the
English judicial heritage are instances of common law systems.The exact legislation that
has been broken determines the statutory law penalty. The consequences, which may
involve fines, imprisonment, or both, are inflicted on wrongdoers who violate the statutory
restrictions. The specific penalty is frequently mentioned in the legislation itself, giving
judges instructions on the proper penalty for infractions(Carozza, 2019).
Company law is a collection of legal norms that regulate the establishment, functioning, and
bankruptcy of companies. It covers the rights and obligations of shareholders, directors,
and corporate officials, as well as the activities that businesses can conduct (Wolters
Kluwer Legal Software, 2017). The Companies Act 2006 in the UK(Legislation.gov.uk,
2023).
Legal character, liability limits, convertible stock, delegated control through a board
organization, and shareholder control are all components of company law(John and
Harvard Law School, 2009).
Companies need to fulfill a variety of regulatory obligations, such as submitting
yearly reports and conducting frequent shareholder events(Legislation.gov.uk, 2023).
Company law protects the rights of investors, creditors, and other participants. It
also gives a foundation for businesses to function efficiently and successfully(McNamara,
2023). Corporate financial officers and chief executive officers might face criminal
prosecution within company law for presenting substantially erroneous data while
disclosing their business's finances(Guidance, 2021).
Company law violations generally result in penalties or punitive damages. In some
cases, a company may be obliged to make reparation to any individuals or groups that have
experienced economic damage as a result of the firm's actions(Louis , 2020).
Labor law is the body of legislation that governs the connection between a worker and the
company they work for, including both sides' rights and responsibilities(C. Wilfred Jenks
and Johannes Schregle, 2018). The Employment Act 2002 in the UK(Legislation.gov.uk,
2023). The fundamental topic of labor law may be divided into nine major categories:
personal worker connections; salaries and compensation; working conditions; health,
safety, and welfare; social security; trade unions and industrial relations; labor law
management; and unique regulations for certain professional or other categories(Labour
law - Elements of labour law, 2019). Professional safety, salaries, benefits, family and
medical leave, joblessness, and employee conduct are all covered under labor
laws(McNamara, 2023).
Labor law affects enterprises by establishing a fair and safe place to work,
controlling time off and compensation, and safeguarding worker rights(McNamara, 2023).
In the United States, the Family and Medical Leave Act (FMLA) compels companies
to offer individuals with free, job-safe leave for specific personal and health
reasons(McNamara, 2023).
If a company violates labor legislation, it may face an inquiry or heavy
fines(McNamara, 2023).
Contract law is a branch of law that covers written and spoken contracts involving the trade
of commodities, services, money, and property. It covers subjects such as the character of
contractual responsibilities, limitations of actions, contract freedom, contract privity,
contract termination, and agency relationships, commercial paper, and labor
agreements(Cornell Law School, 2017).
A contract's basic characteristics are offer, acceptance, consideration, purpose to
form legal connections, clarity, and power(Ken , 2023).
Contract law standards need a legitimate request and consent, consideration, the
competence to contract, and the purpose to form legal relations(Eisenberg, 2018).
Contract law affects companies by establishing a legal foundation for agreements,
assuring the observance of company contracts, and encouraging equal company
conduct(svitlanaomelia, 2022).
A sales agreement is an example of contract law in action because one party
promises to supply a certain item or function and the other side commits to pay a certain
amount(Brooke , 2023).
Damages, specific performance, rescission, and restitution are all options for
violation of contract(Newman, 2021).
The court created a method for estimating repercussions from a violation of
contract in Hadley v Baxendale (1854), which is being used today(Roy, 2021).
