Legal Centralism

In the realm of legal philosophy, the concept of legal centralism occupies a significant place, advocating for the supremacy of state law as the primary source of legal authority within a given jurisdiction. Rooted in the notion of state sovereignty and centralised governance, legal centralism asserts the preeminence of state institutions in creating, interpreting, and enforcing legal norms. In this article, we explore the principles of legal centralism, its historical development, and its implications for legal theory and practice.

Foundations of Legal Centralism
At the core of legal centralism lies the principle of state sovereignty, which grants the state exclusive authority to enact and enforce laws within its territorial boundaries. This notion traces its origins to the rise of modern nation-states and the emergence of centralised legal systems in the wake of feudalism and feudal law. Legal centralism presupposes a hierarchical relationship between the state and other sources of legal authority, such as customary law, religious law, or international law, with state law occupying the highest position in the legal hierarchy.

Historical Development of Legal Centralism
The development of legal centralism can be traced through the evolution of state-building and the consolidation of political power in the hands of centralised authorities. In medieval Europe, monarchs sought to assert control over fragmented legal systems and establish uniform laws applicable to all subjects within their realms. This process accelerated during the Enlightenment era, with the rise of constitutionalism and the codification of laws based on rational principles and liberal values.

Legal centralism reached its zenith in the 19th and 20th centuries, coinciding with the rise of the modern nation-state and the codification of comprehensive legal codes governing all aspects of social life. This period witnessed the expansion of state power through legislative, judicial, and administrative means, culminating in the establishment of legal monopolies and the marginalisation of alternative sources of legal authority.

Implications for Legal Theory and Practice
Legal centralism has profound implications for legal theory and practice, shaping the way we conceptualise law, authority, and legitimacy. From a theoretical standpoint, legal centralism emphasises the importance of legal positivism, which posits that law derives its validity from the sovereign will of the state rather than moral or natural principles. This perspective prioritises the formal validity of legal rules and procedures over their substantive justice or moral correctness.

In practice, legal centralism entails the concentration of legal authority and decision-making within state institutions, such as legislatures, courts, and executive agencies. This centralised model of governance facilitates uniformity, predictability, and stability in the legal system, allowing for the resolution of disputes and the enforcement of legal norms across diverse communities and social contexts.

However, legal centralism is not without its critics. Some argue that it tends to prioritise the interests of the ruling elite or dominant social groups, marginalising minority perspectives and perpetuating inequality and injustice. Others contend that legal centralism stifles legal pluralism and cultural diversity, imposing homogenising norms and values on heterogeneous societies.

In conclusion, legal centralism represents a dominant paradigm in contemporary legal thought, asserting the primacy of state law as the ultimate source of legal authority. While offering certain benefits in terms of legal uniformity and administrative efficiency, legal centralism raises important questions about the relationship between law and power, as well as the limits of state sovereignty in a pluralistic and interconnected world. As we continue to grapple with these issues, legal centralism will remain a subject of debate and contention, shaping the trajectory of legal theory and practice in the years to come.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance Here

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.