English law is the legal system of England and Wales, and is the basis of common law legal systems used in the Republic of Ireland and in most Commonwealth countries and the United States except Louisiana (as opposed to civil law or pluralist systems in use in other countries). It was exported to Commonwealth countries while the British Empire was established and maintained, and it forms the basis of the jurisprudence of most of those countries. English law prior to the American Revolution is still part of the law of the United States through reception statutes, except in Louisiana, and provides the basis for many American legal traditions and policies, though it has no superseding jurisdiction.
English law in its strictest sense applies within the jurisdiction of England and Wales. Whilst Wales now has a devolved Assembly, any legislation which that Assembly enacts is enacted in particular circumscribed policy areas defined by the Government of Wales Act 2006, other legislation of the Parliament of the United Kingdom, or by Orders in Council given under the authority of the 2006 Act. Furthermore that legislation is, as with any by-law made by any other body within England and Wales, interpreted by the undivided judiciary of England and Wales.
The essence of English common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent (stare decisis) to the facts before them. A decision of the highest appeal court in England and Wales, the Supreme Court of the United Kingdom (formerly the House of Lords), is binding on every other court in the hierarchy, and they will follow its directions. For example, the crime of murder does not exist as a result of an Act of Parliament but rather it is a common law crime. It is a crime by virtue of the constitutional authority of the courts and their previous decisions. Common law can be amended or repealed by Parliament; murder, by way of example, carries a mandatory life sentence today, but had previously allowed the death penalty.
English courts recognise the primacy of statute law over common law where the two overlap. So, for example, in the criminal law case of R v. Rimmington (2005) UKHL 63 Lord Bingham said "Where Parliament has defined the ingredients of an offence . . . it must ordinarily be proper that conduct falling within that definition should be prosecuted for the statutory offence and not for a common law offence".
England and Wales are constituent countries of the United Kingdom, which is a member of the European Union. Hence, EU law is a part of English law. The European Union consists mainly of countries which use civil law and so the civil law system is also in England and Wales in this form. The European Court of Justice can direct English and Welsh courts on the meaning of areas of law in which the EU has passed legislation.
The oldest written law currently in force is the Distress Act, part of the Statute of Marlborough, 1267 (52 Hen. 3). Three sections of Magna Carta, originally signed in 1215 and a landmark in the development of English law, are extant but arguably they date to the consolidation of the Act in 1297.
Other articles related to "english law, law, laws, english":
... Alcohol licensing laws of the United Kingdom. ...
... Administrative liability in English Law is an area of law concerning the tortious liability of public bodies in English law ... The existence of private law tort applying to public bodies is a result of Diceyan constitutional theory suggesting that it would be unfair if a separate system of liability existing for government ... rise to damages Therefore a claimant will have to fit into one of the recognised private law courses of action ...
... See also English law English law, or UK laws still apply to Wales under the present devolution settlement ... Contemporary Welsh law will govern the local aspects of Welsh life whilst English law will govern the more generic aspects ... Because these laws are derived from UK Acts of Parliament, some people consider this new system of laws to be another branch of English law ...
... The general reception of English law under the Second Charter of Justice (see the article "Law of Singapore") was subject to three qualifications, one of which was that English law should be modified in its ... This principle was generally applied in family law and related matters thus, in certain early cases English law was modified by Chinese, Malay and Hindu customary law, and some native usages or customs acquired ... the enactment of the Women's Charter in 1961 has unified the family law for all ethno-religious groups in Singapore except the Muslims, who are separately regulated by the Administration of Muslim Law Act ...
... The Application of English Law Act sets out the extent to which English law applies in Singapore today ... sets out general principles of criminal law in Singapore ... The Sale of Goods Act, an English Act made applicable to Singapore by the Application of English Law Act, sets out legal rules relating to the sale and purchase of goods ...
Famous quotes containing the words law and/or english:
“One of the reforms to be carried out during the incoming administration is a change in our monetary and banking laws, so as to secure greater elasticity in the forms of currency available for trade and to prevent the limitations of law from operating to increase the embarrassment of a financial panic.”
—William Howard Taft (18571930)
“Forget all feuds, and shed one English tear
Oer English dust. A broken heart lies here.”
—Thomas Babington Macaulay (18001859)