Learning Outcomes
After reading this article, you will be able to explain the essential structure and operation of the legal system of England and Wales. You will understand the main sources of law, the hierarchy and jurisdiction of the courts, the doctrine of precedent, and the core constitutional principles including parliamentary sovereignty, the rule of law, and separation of powers. You will also be able to identify the practical significance of these concepts for SQE1 assessment scenarios.
SQE1 Syllabus
For SQE1, you are required to understand the legal system of England and Wales from a practical standpoint. Focus your revision on:
- the main sources of law in England and Wales (legislation, case law, retained EU law, international law)
- the structure and hierarchy of the courts, including their jurisdiction and appellate routes
- the doctrine of precedent and its operation within the court hierarchy
- the constitutional principles of parliamentary sovereignty, the rule of law, and separation of powers
- the process and significance of statutory interpretation
- the impact of human rights law on the domestic legal system
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is meant by the doctrine of parliamentary sovereignty in the legal system of England and Wales?
- Which court is the highest appellate court for civil and criminal cases in England and Wales?
- What is the difference between primary and secondary legislation?
- What is the principle of stare decisis and how does it affect the operation of precedent?
- Name two key constitutional principles that underpin the legal system of England and Wales.
Introduction
The legal system of England and Wales is built on a combination of legal principles, institutions, and sources of law that together regulate society and uphold justice. This article provides an overview of the essential features of the system, focusing on the main sources of law, the court hierarchy, the doctrine of precedent, and the core constitutional principles that shape legal practice and interpretation.
The Main Sources of Law
The legal system draws on several sources of law, each with its own authority and function.
Key Term: legislation Legislation refers to law made by Parliament, including both Acts of Parliament (statutes) and delegated legislation made under the authority of an Act.
Key Term: case law Case law is law developed by judges through decisions in individual cases, forming binding or persuasive precedents for future cases.
Key Term: retained EU law Retained EU law consists of certain EU laws that continue to apply in domestic law after Brexit, as preserved by the European Union (Withdrawal) Act 2018.
Key Term: international law International law includes treaties and agreements between states that may be incorporated into domestic law by legislation.
Primary and Secondary Legislation
Acts of Parliament (statutes) are the highest form of law. Parliament may also delegate law-making powers to ministers or other bodies, who create secondary legislation (such as statutory instruments) to provide detailed rules under the authority of an Act.
Case Law and Precedent
Judicial decisions in higher courts create precedents that bind lower courts. This body of law, known as the common law, develops through the interpretation and application of legal principles by the judiciary. Equity complements the common law by providing remedies and principles to achieve fairness where strict legal rules would cause injustice.
Retained EU Law and International Law
Following Brexit, certain EU laws remain in force as retained EU law to ensure legal continuity. International treaties, such as the European Convention on Human Rights, may influence domestic law when incorporated by statute.
The Court Structure and Hierarchy
The courts of England and Wales are organised in a clear hierarchy, which determines the authority of their decisions and the routes of appeal.
Key Term: court hierarchy The court hierarchy is the ranking of courts according to their authority, with higher courts able to set binding precedents for lower courts.
Overview of the Court System
- Magistrates' Courts: Deal with minor criminal cases, some civil matters, and preliminary hearings.
- Crown Court: Handles serious criminal cases and appeals from Magistrates' Courts.
- County Courts: Hear most civil disputes, including contract, tort, property, and family matters.
- High Court: Divided into the King’s Bench, Chancery, and Family Divisions; hears complex civil cases and appeals.
- Court of Appeal: Civil and Criminal Divisions; hears appeals from lower courts.
- Supreme Court: The highest appellate court for civil and criminal cases, deciding cases of general public importance.
Specialist tribunals, such as Employment Tribunals, resolve disputes in specific areas of law.
The Doctrine of Precedent
The doctrine of precedent, or stare decisis, ensures consistency and predictability in the law by requiring courts to follow legal principles established in earlier decisions by higher courts.
Key Term: stare decisis Stare decisis is the principle that courts should follow previous decisions in similar cases to ensure consistency in the law.
Key Term: binding precedent A binding precedent is a legal principle established by a higher court that must be followed by lower courts in future cases with similar facts.
Key Term: persuasive precedent A persuasive precedent is a decision that a court may consider and follow, but is not obliged to do so.
How Precedent Operates
- Decisions of the Supreme Court bind all lower courts.
- The Court of Appeal is bound by the Supreme Court and generally by its own previous decisions, subject to limited exceptions.
- The High Court binds lower courts but is not strictly bound by its own decisions.
- Lower courts, such as County Courts and Magistrates' Courts, do not create binding precedents.
Worked Example 1.1
A claimant brings a negligence claim in the County Court. The judge finds for the defendant, but the claimant appeals to the High Court. The High Court reverses the decision. Is the County Court bound by the High Court's ruling?
Answer: Yes. The High Court's decision sets a binding precedent for the County Court, which must follow the legal principle established in the appeal.
Constitutional Principles
The legal system is shaped by several core constitutional principles that define the relationship between Parliament, the government, the courts, and individuals.
Key Term: parliamentary sovereignty Parliamentary sovereignty means that Parliament is the supreme law-making body and can make or repeal any law. No other body can override or set aside its legislation.
Key Term: rule of law The rule of law is the principle that everyone, including the government, is subject to the law and that laws must be clear, certain, and applied equally.
Key Term: separation of powers Separation of powers is the division of government functions among the legislative, executive, and judicial branches to prevent the concentration of power.
Parliamentary Sovereignty
Parliament has the ultimate authority to make or repeal any law. Courts cannot strike down Acts of Parliament, although they may interpret them or issue declarations of incompatibility under the Human Rights Act 1998.
The Rule of Law
All individuals and institutions, including the government, are subject to the law. Laws must be made and applied fairly, and access to justice must be available to all.
Separation of Powers
Legislative, executive, and judicial powers are exercised by separate bodies. This helps prevent abuse of power and maintains judicial independence.
Worked Example 1.2
A government minister issues a regulation that exceeds the powers granted by an Act of Parliament. Can the courts intervene?
Answer: Yes. Through judicial review, courts can declare the regulation unlawful if it exceeds the legal authority granted by Parliament, upholding the rule of law and separation of powers.
Statutory Interpretation
Courts interpret statutes to determine Parliament's intention and apply the law to specific cases. Several rules guide this process:
Key Term: statutory interpretation Statutory interpretation is the process by which courts determine the meaning and application of legislation.
- Literal Rule: Words are given their ordinary meaning.
- Golden Rule: The literal meaning is modified to avoid absurd results.
- Mischief Rule: Focuses on the problem the statute was intended to address.
- Purposive Approach: Considers the broader purpose of the legislation.
Worked Example 1.3
A statute prohibits "vehicles" in a public park. A person is fined for riding an electric scooter in the park. The court applies the literal rule. What is the likely outcome?
Answer: The court will interpret "vehicle" according to its ordinary meaning. If an electric scooter fits the ordinary meaning, the fine is upheld. If not, the person may not be liable.
Human Rights and the Legal System
Human rights law, especially the Human Rights Act 1998, has a significant impact on the legal system. The Act incorporates the European Convention on Human Rights into domestic law, requiring courts and public authorities to act compatibly with Convention rights.
Worked Example 1.4
A statute is interpreted in a way that conflicts with a Convention right. What can the court do?
Answer: The court must interpret the statute compatibly with the Convention right if possible. If not, it may issue a declaration of incompatibility, but the statute remains in force unless changed by Parliament.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) methods, such as mediation and arbitration, provide ways to resolve disputes without going to court. Courts may encourage parties to use ADR, and unreasonable refusal can affect cost orders.
Key Point Checklist
This article has covered the following key knowledge points:
- the main sources of law in England and Wales: legislation, case law, retained EU law, and international law
- the structure and hierarchy of the courts, including their jurisdiction and appellate routes
- the doctrine of precedent, including binding and persuasive precedents, and the operation of stare decisis
- the constitutional principles of parliamentary sovereignty, the rule of law, and separation of powers
- the process and significance of statutory interpretation
- the impact of human rights law on the domestic legal system
- the role of alternative dispute resolution in resolving disputes
Key Terms and Concepts
- legislation
- case law
- retained EU law
- international law
- court hierarchy
- stare decisis
- binding precedent
- persuasive precedent
- parliamentary sovereignty
- rule of law
- separation of powers
- statutory interpretation
