Sources of UK Law
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The legal system of the United Kingdom is a complex and evolving system that draws from a variety of sources. These sources collectively shape the legal development of the UK and ensure the law is comprehensive, adaptable, and reflective of societal changes. This article explores the primary sources of UK law, including legislation, common law, European Union law, and other influential factors, providing a detailed examination of each.
Legislation
One of the primary sources of law in the UK is legislation. Legislation refers to laws that are passed by the UK Parliament. These laws are contained in Acts of Parliament and statutory instruments. Acts of Parliament are laws that have been debated and passed by both the House of Commons and the House of Lords, and receive royal assent from the monarch. Statutory instruments are laws made by government ministers under powers granted by Acts of Parliament. These instruments are used to implement and regulate the provisions of Acts of Parliament.
Common Law
Common law, or case law, is developed by judges through decisions made in individual cases. This body of law evolves from the principles established in judicial decisions, which serve as precedents for future cases. The doctrine of stare decisis, meaning 'to stand by things decided', ensures that lower courts follow the legal principles set by higher courts in similar cases. This system of judicial precedent promotes consistency, predictability, and stability in the law. The hierarchy of the courts plays a crucial role in this process, with the Supreme Court at the apex, followed by the Court of Appeal, High Court, and various lower courts.
Assimilated Law (Retained European Union Law)
The UK was a member of the European Union until 2020. During its membership, EU law had a significant impact on the UK legal system. EU law is a source of law that originates from the EU's institutions and regulations. It includes treaties, directives, regulations, and decisions. Some of these laws have been retained and implemented after Brexit, including EU-derived domestic legislation, direct EU legislation (e.g. regulations, directives, and decisions), EU case law (including domestic EU case law), and certain general principles of EU law. This type of law was previously known as retained EU law, but the Retained EU Law (Revocation and Reform) Act 2023 further lowered the status of EU law in the UK legal system and renamed retained EU law as assimilated law.
European Convention on Human Rights (ECHR)
The ECHR is a regional treaty aimed at protecting human rights and fundamental freedoms in Europe. The UK incorporated the ECHR into domestic law through the Human Rights Act 1998. This Act allows UK courts to hear cases on ECHR issues and requires UK legislation to be interpreted in a manner consistent with the rights outlined in the Convention. UK courts are also required to take into account the decisions of the European Court of Human Rights but are not strictly bound by them. This means that UK judges consider the reasoning and rulings of the ECtHR as persuasive authority, but they retain the discretion to diverge in their interpretations.
International Law
International law, including treaties and customary international law, also influences UK law. Treaties to which the UK is a signatory become part of domestic law when incorporated by an Act of Parliament. For example, the Geneva Conventions, which set out the standards of international law for humanitarian treatment in war, have been incorporated into UK law through the Geneva Conventions Act 1957. Customary international law, which consists of practices and norms followed by states out of a sense of legal obligation, can be considered by UK courts and may influence legal decisions and legislative developments. The rulings of international courts, such as the International Court of Justice and the International Criminal Court, have persuasive authority and are often considered by UK courts when making decisions.
In summary, the UK legal system has a range of sources of law that play a significant role in shaping legal development. Legislation, common law, assimilated law, human rights law, customary international law, and international law are all important sources of law in the UK, ensuring that the UK legal system remains robust, adaptable, and grounded in both tradition and contemporary legal thought. Understanding these sources is essential for navigating the complexities of UK law and appreciating its depth and breadth.
Legislation
One of the primary sources of law in the UK is legislation. Legislation refers to laws that are passed by the UK Parliament. These laws are contained in Acts of Parliament and statutory instruments. Acts of Parliament are laws that have been debated and passed by both the House of Commons and the House of Lords, and receive royal assent from the monarch. Statutory instruments are laws made by government ministers under powers granted by Acts of Parliament. These instruments are used to implement and regulate the provisions of Acts of Parliament.
Common Law
Common law, or case law, is developed by judges through decisions made in individual cases. This body of law evolves from the principles established in judicial decisions, which serve as precedents for future cases. The doctrine of stare decisis, meaning 'to stand by things decided', ensures that lower courts follow the legal principles set by higher courts in similar cases. This system of judicial precedent promotes consistency, predictability, and stability in the law. The hierarchy of the courts plays a crucial role in this process, with the Supreme Court at the apex, followed by the Court of Appeal, High Court, and various lower courts.
Assimilated Law (Retained European Union Law)
The UK was a member of the European Union until 2020. During its membership, EU law had a significant impact on the UK legal system. EU law is a source of law that originates from the EU's institutions and regulations. It includes treaties, directives, regulations, and decisions. Some of these laws have been retained and implemented after Brexit, including EU-derived domestic legislation, direct EU legislation (e.g. regulations, directives, and decisions), EU case law (including domestic EU case law), and certain general principles of EU law. This type of law was previously known as retained EU law, but the Retained EU Law (Revocation and Reform) Act 2023 further lowered the status of EU law in the UK legal system and renamed retained EU law as assimilated law.
European Convention on Human Rights (ECHR)
The ECHR is a regional treaty aimed at protecting human rights and fundamental freedoms in Europe. The UK incorporated the ECHR into domestic law through the Human Rights Act 1998. This Act allows UK courts to hear cases on ECHR issues and requires UK legislation to be interpreted in a manner consistent with the rights outlined in the Convention. UK courts are also required to take into account the decisions of the European Court of Human Rights but are not strictly bound by them. This means that UK judges consider the reasoning and rulings of the ECtHR as persuasive authority, but they retain the discretion to diverge in their interpretations.
International Law
International law, including treaties and customary international law, also influences UK law. Treaties to which the UK is a signatory become part of domestic law when incorporated by an Act of Parliament. For example, the Geneva Conventions, which set out the standards of international law for humanitarian treatment in war, have been incorporated into UK law through the Geneva Conventions Act 1957. Customary international law, which consists of practices and norms followed by states out of a sense of legal obligation, can be considered by UK courts and may influence legal decisions and legislative developments. The rulings of international courts, such as the International Court of Justice and the International Criminal Court, have persuasive authority and are often considered by UK courts when making decisions.
In summary, the UK legal system has a range of sources of law that play a significant role in shaping legal development. Legislation, common law, assimilated law, human rights law, customary international law, and international law are all important sources of law in the UK, ensuring that the UK legal system remains robust, adaptable, and grounded in both tradition and contemporary legal thought. Understanding these sources is essential for navigating the complexities of UK law and appreciating its depth and breadth.
