The United Kingdom Common Law

The United Kingdom of Great Britain and Northern Ireland contains three major legal systems which have been developed through ages. The three systems, each with their own legal rules, courts and legal professions, are based geographically. These are systems of England and Wales, Northern Ireland and Scotland.

England and Wales. These two areas form one jurisdiction. The national courts (High Court, Court of Appeal and House of Lords) are based in London, but there are local courts (Magistrates' Courts and County Courts) throughout the country and the Crown Court has many locations.

Northern Ireland. It has some unusual features in its system, which is centered in Belfast. Many relate to the political instability and violence which has taken place in the region since its establishment. One such feature is the absence of a jury in "terrorist" trials. But the legal system of Northern Ireland has otherwise grown very similar to that of England and Wales.

Scotland. It had its own system of laws and courts (based in Edinburgh) before its union with England and Wales in 1707. The Acts of Union of 1707 expressly allowed these to continue, and so Scotland retains many distinctions from the English system. It should be noted that the United Kingdom has incorporated the legal system of the European Union since 1972.

The legal systems within the United Kingdom were based largely on judge-made law since the 17th century. The law developed through decisions made by judges and was called "case law" or "common law” (common to all courts of the country). Since that time, new laws and law reforms have increasingly been brought about through Acts of Parliament, usually inspired by policies of the Government.

Even so, the development of case law still remains an important source of law. A statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow.

Precedent has a very important role in the common law. It ensures certainty and consistency and logical progression and development in the law. Many countries (especially in Continental Europe) prefer a codified system in which laws are set out in legislation and cases which apply them may be illustrative but do not become binding. Nevertheless, the common law does have advantages over codified systems — it is more flexible, it is more practical as it is derived from real life dramas played out before the courts.

The US Law

The US Law is a type of common law, which is the basis of the legal system of the United States and that of its island possessions in the Caribbean and the Pacific. This legal system has several layers, more than in most other countries, and defined the division between federal and state law. The United States was founded not as one nation but as a union of 13 colonies, each claiming independence from the British Crown. The US Constitution, implemented in 1789, began shifting power away from the states and toward the federal government, though the states today retain substantial legal authority.

US law draws its authority from four sources: constitutional law, statutory law, administrative regulations, and case law.

Constitutional law is based on the US Constitution and serves as the supreme federal law. Taken together with those of the state constitutions, these documents outline the general structure of the federal and state governments and provide the rules and limits of power.

US statutory law is legislation enacted by the US Congress and is codified in the United States Code. The 50 state legislatures have similar authority to enact state statutes.

Administrative law is the authority delegated to federal and state executive agencies.

Case law, also referred to as common law, covers areas where constitutional or statutory law is lacking. Case law is a collection of judicial decisions, customs, and general principles that began in England centuries ago, that were adopted in America at the time of the Revolution, and that continue to develop today.

Make up a dialogue. Student A is a reporter who interviews Student B who is a specialist on British (or American) legal system.

Compare Russian, British, American legal systems.