UK Legal System: Constitution and International Law

The process of incorporating customary international law directly into a country's domestic legal system. This means international law is automatically recognized and applied by national courts.

The process of transforming customary international law into domestic law through specific legislation passed by the Parliament. It requires a deliberate act by the legislature to adopt international law.

The legal principle that the Parliament of the United Kingdom has the highest authority in lawmaking. It can create, amend, or abolish any law.

The practice of British courts regarding customary international law has evolved over time, transitioning from incorporating international law directly to transforming it through legislation.

A landmark case in the UK that challenged the incorporation doctrine. The court held that the UK lacked jurisdiction to prosecute a foreigner for a crime committed within British territorial waters, even though customary international law recognized such jurisdiction.

A legal principle where certain powers are entrusted to the Crown, represented by the government, which is accountable to Parliament. This includes concluding and terminating treaties, and conducting foreign affairs.

The UK's legal system is based on common law, meaning its laws are derived from judicial precedents and customs. This makes the role of courts crucial in interpreting and shaping the law.

The UK does not have a codified constitution, but its legal framework is anchored in parliamentary sovereignty, the common law system, and the principles of the rule of law. This makes it different from countries with written constitutions.

International treaties generally don't directly impact British law. Legislation is required to make them applicable within the UK.

Treaties affecting private rights, modifying existing laws, imposing financial burdens, or granting new powers to the Crown usually require parliamentary approval in the form of an Act of Parliament.

Treaties involving the transfer of British territory MUST be approved by Parliament through a statute.

Treaties related to war or informal agreements that don't change domestic law don't require legislation.

If a treaty is legislated, it takes precedence over conflicting existing laws. However, non-legislated treaties can be used to interpret conflicting laws.

The law of nations, or customary international law, is a part of English law except when it contradicts British statutes, rulings by the highest court, or involves acts of state or Crown prerogative.

International law is automatically incorporated into British law unless it conflicts with any British statute, regardless of whether the statute was passed before or after the customary rule.

The highest court's interpretation of a customary international law rule is binding on all British courts, even if the international community later develops a new rule.

International law does not apply directly to acts of state, such as declaring war or ceding territory, even if they violate international norms.

The Crown's prerogative powers, like recognizing states or granting diplomatic immunity, are not subject to judicial review, even if they contradict international law.

Treaties require enabling legislation by Parliament to have internal effect in English law; they are not automatically incorporated like customary international law.

Treaties are considered agreements between states and do not automatically confer rights or impose obligations on individuals within the UK.

A treaty is not part of English law until it is incorporated into domestic legislation by Parliament.