The legal system

In England there are three main types of law: statute law, common law and European Union law.

Statute law

In theory the Legislature (Parliament) makes laws which are administered by the Executive (Her Majesty’s Government) and when there are disputes they are decided by the Judiciary (the judges and the courts).

Most new laws are initiated by the Government, although a few come from individual members of Parliament. A Bill is drafted and placed before Parliament. It receives three ‘readings’ in the House of Commons. The Bill is examined and amended, before passing on to the House of Lords which may reject it all or in part. The Lords cannot prevent the Commons from passing a Bill, but they can delay the process. Once a Bill has passed through all its stages in Parliament it goes to the Queen for the Royal Assent and becomes an Act of Parliament and the law of the land.

Common law

Common law originated in England. It is a system of laws that have been developed from customs and from decisions made by judges, not created by Parliament. English law relies on case law, a collection of previous decisions, called precedents. English courts look at precedents and make a similar decision.

European Union Law

In 1972 the United Kingdom entered the European Community (now the European Union).

There are four E.U. institutions: the Commission, the European Parliament, the Council of Ministers, the European Court of Justice.

European Union law is superior to the law of individual member states. In other words, if there is a conflict between the law of a state and that of the E.U., then the E.U. has to be obeyed.