English Legal System Overview

EU law retained in the UK after Brexit through the EU (Withdrawal) Act 2018.

The EU Referendum in 2016, in which 62% of Scots voted to remain in the EU.

The legal system of the Church of England, which operates through its own courts.

The legal system governing the armed forces, with its own courts and procedures.

Any law not falling under specialized areas like ecclesiastical or military law.

The courts of law that have jurisdiction over the general public.

Courts specifically established to handle legal matters relating to the Church of England.

Military tribunals that have jurisdiction over members of the armed forces.

Historical legal texts like Glanvill's Treatise, Coke's Institutes, and Blackstone's Commentaries have authoritative status when direct legal sources are lacking.

Customary law, based on local traditions, may exist alongside common law, especially in areas like agrarian disputes.

The study of a legal system's origins is crucial for understanding its legitimacy and how it evolved.

The development of English case law is important because it influenced many 'common law' systems around the world.

The interaction of law with history and politics shapes how legal systems develop.

The common law, which is based on judicial decisions, has developed alongside statutes passed by Parliament.

A 'gründnorm' refers to the fundamental, ultimate source of legal validity in a given jurisdiction.

Legal systems are not isolated; they exist within various disciplines and influence each other.

A legal arrangement where one person (the trustee) holds property on behalf of another (the beneficiary) for the benefit of the beneficiary.

The trustee manages the property subject to the trust, but the beneficiary ultimately enjoys the benefits.

The legal system that developed from principles of fairness and natural justice, addressing situations where the common law didn't provide adequate remedies.

A criticism of Equity was that its application depended on the Chancellor's personal interpretation, leading to inconsistent rulings.

A system of law based on precedent and judicial decisions, originated in England.

Although criticized initially, Equity became a separate branch of law with its own rules and procedures.

Trusts are integral to common law systems, being used in various contexts like tax planning, property ownership, and charitable organizations.

Trusts provide a way to separate the legal ownership and beneficial ownership of property, allowing for flexibility and control over assets.

Located in Strasbourg, this court regulates human rights in 47 member states of the Council of Europe.

A body that promotes democracy, human rights, and the rule of law, with 47 members including the UK, EU states, and others.

A type of law that can be enforced by international courts, like the UN court.

The UN court responsible for resolving disputes between states.

A document outlining fundamental human rights, comprising the Universal Declaration of Human Rights, two covenants, and optional protocols.

A collection of legal documents, like the American Convention on Human Rights and the African Charter on Human and Peoples' Rights, addressing human rights within specific regions.

Legal systems that operate through international courts, such as the UN court, with various enforcement methods.

The principle that Parliament is the supreme law-making body in the UK, meaning its laws cannot be overruled by any other entity, including the courts.

The 'Glorious Revolution' of 1688 was a pivotal event in English history that led to the establishment of Parliamentary Sovereignty, confirming Parliament's supreme law-making authority.

The process of ensuring compliance with international legal decisions, often relying on political pressure from other states.

The Case of Proclamations declared that the King's power was limited to what the law of the land allowed, representing a crucial step towards Parliamentary Sovereignty.

The Industrial Revolution, with its rapid growth of cities and factories, created new problems like unsafe working conditions and unequal representation, leading to pressure for social and political reforms.

The Reform Acts of 1832, 1867, and 1884 were major pieces of legislation designed to expand voting rights and address the concerns of the growing middle and working classes.

The 20th century saw significant changes in society, particularly after World War I, leading to social and political unrest and revolutions in Europe.

Public law governs relationships between individuals and the state, encompassing areas like administrative law, constitutional law, human rights, and criminal law.

Private law focuses on relationships between individuals, including companies, covering areas like contract, tort, property, and equity.

Commercial law often blends elements of both public and private law, as it deals with relationships between individuals, states, and individuals with the state.

The distinction between public and private law is crucial because it reflects different legal approaches and consequences.

Company law is categorized as private law because it focuses on the relationships between private entities, including companies, rather than government.

Company law mainly governs relations between private people, including companies, making it fall under private law.