The Structure and Sources of English Law
The English Legal System: An Introduction
In most European countries, judges interpret the legal code. In the English legal system, however, judges have a dual role:
- They interpret the existing law, which is found in legislation and previous decisions of higher-ranking courts.
- They create the law by establishing legal principles that courts lower down the hierarchy must follow.
The Hierarchical Structure of English Courts
The English Court System is arranged in a hierarchical structure. The Supreme Court stands at the summit of the English court structure, and its decisions are binding on all courts below it in the hierarchy.
The Court of Appeal
The Court of Appeal is split into two divisions:
- The Civil Division: Hears appeals from the County Court and any division of the High Court.
- The Criminal Division: Hears appeals from the Crown Court, either against conviction or against sentence.
There are 38 Lord Justices of Appeal.
The High Court
The High Court is divided into three main divisions:
- The Queen’s Bench Division
- The Chancery Division
- The Family Division
Civil cases are sometimes dealt with by magistrates but often go to the County Court. Appeals from the County Court typically go to the High Court.
Lower Courts and Offense Classification
Criminal offenses are classified according to their seriousness:
- The most minor offenses, such as thefts, must be heard by the Magistrates’ Court.
- The most serious offenses, such as murder, can be tried only in the Crown Court.
Alternative Dispute Resolution (ADR)
ADR refers to systems that provide alternatives for resolving differences without resorting to traditional court routes for the involved parties. ADR methods are generally:
- More effective
- Faster
- Cheaper than traditional justice
They also serve as a means to relieve the courts of a number of issues that can be resolved through these routes, thereby speeding up the administration of justice as a whole.
Key ADR Methods
Arbitration: Is a formal alternative to the courts.
Mediation: Is progressively used in commercial matters, personal injury, and medical negligence cases.
Ombudsmen: They have the assignment of dealing with complaints registered by citizens regarding services provided by public agencies or private companies.
Conciliation: Is similar to mediation, but the third party (the conciliator) has a more interventionist role.
Tribunals: These were established as an alternative to the traditional court system.
Sources of English Law
As the constitution of the UK has been developing over several hundreds of years, various sources have contributed to its formation:
Case Law (Common Law)
Before an adequate and unified system of government existed in the UK, laws were created by judges, often on a regional basis, through deciding cases brought before them.
Legislation
Legislation is created through Parliament, where the ultimate authority to create law moved from the monarch to Parliament.
European Union Law
European Communities were established through treaties. The terms of the treaty were made part of English law by the Human Rights Act 1998. The UK became a member of the EU in 1973.
Conclusion: Common Law and Precedent
The two great legal traditions that exist globally are the Common Law and Civil Law. English law is distinct when compared with other states’ legal systems.
Although the UK legal system has evolved, it still conserves its original source of law: the Common Law.
The English court system maintains a hierarchical structure, and its cases are used as precedents, carrying binding authority. This means that judges of a lower court must follow the ruling (sentence) imposed by a higher court.