Law of the United Kingdom - AbsoluteAstronomy.com

United Kingdom

The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

has three legal systems. English law

English law

English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...

, which applies in England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, and Northern Ireland law

Northern Ireland law

Northern Ireland law refers to the legal system of statute and common law operating in Northern Ireland since Northern Ireland was established as a separate jurisdiction within the United Kingdom in 1921.-Background:...

, which applies in Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, are based on common-law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

principles. Scots law

Scots law

Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

, which applies in Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

, is a pluralistic system based on civil-law

Civil law (legal system)

Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

principles, with common law elements dating back to the High Middle Ages

Legal institutions of Scotland in the High Middle Ages

Scottish legal institutions in the High Middle Ages are, for the purposes of this article, the informal and formal systems which governed and helped to manage Scottish society between the years 900 and 1288, a period roughly corresponding with the general European era usually called the High Middle...

. While England and Wales, Northern Ireland, and Scotland diverge in the more detailed rules of common law and equity, and while there are certain fields of legislative competence devolved in Northern Ireland, Scotland, Wales and London, there are substantive fields of law which apply across the United Kingdom.

The United Kingdom does not have a single legal system since it was created by the political union of previously independent countries. Article 19 of the Treaty of Union

Treaty of Union

The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...

, put into effect by the Acts of Union

Acts of Union 1707

The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...

in 1707, created the Great Britain

Kingdom of Great Britain

The former Kingdom of Great Britain, sometimes described as the 'United Kingdom of Great Britain', That the Two Kingdoms of Scotland and England, shall upon the 1st May next ensuing the date hereof, and forever after, be United into One Kingdom by the Name of GREAT BRITAIN. was a sovereign...

but guaranteed the continued existence of Scotland's separate legal system. The Acts of Union of 1800, which combined Great Britain and Ireland

Kingdom of Ireland

The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...

into the United Kingdom of Great Britain and Ireland

United Kingdom of Great Britain and Ireland

The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....

, contained no equivalent provisions but preserved the principle of separate courts to be held in Ireland, of which the part called Northern Ireland remains part of the United Kingdom.

The Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...

is the highest court in the land for all criminal and civil cases in England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

and Northern Ireland, and for all civil cases in Scots law. The Supreme Court came into being in October 2009, replacing the Appellate Committee of the House of Lords

Judicial functions of the House of Lords

The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...

. In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, the court system

Courts of England and Wales

Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...

is headed by the Senior Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice

High Court of Justice

The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

(for civil cases) and the Crown Court

Crown Court

The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

(for criminal cases). The Courts of Northern Ireland

Courts of Northern Ireland

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law....

follow the same pattern. In Scotland the chief courts

Courts of Scotland

The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....

are the Court of Session

Court of Session

The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....

, for civil cases, and the High Court of Justiciary

High Court of Justiciary

The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...

, for criminal cases. Sheriff court

Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...

s have no equivalent outside Scotland, as they deal with both criminal and civil caseloads.

The Judicial Committee of the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

is the highest court of appeal for several independent Commonwealth

Commonwealth of Nations

The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...

countries, the British overseas territories

British overseas territories

The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...

, and the British Crown dependencies. There are also immigration courts with UK-wide jurisdiction — the Asylum and Immigration Tribunal

Asylum and Immigration Tribunal

The Asylum and Immigration Tribunal was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions...

and Special Immigration Appeals Commission

Special Immigration Appeals Commission

The Special Immigration Appeals Commission is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by the Home Secretary under various statutory powers, and usually related to matters of...

. The Employment tribunal

Employment tribunal

Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...

s and the Employment Appeal Tribunal

Employment Appeal Tribunal

The Employment Appeal Tribunal is a tribunal non-departmental public body in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales...

have jurisdiction throughout Great Britain

Great Britain

Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...

, but not Northern Ireland.

Three legal systems

There are three distinct legal jurisdictions in the United Kingdom: England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

and Scotland

Scotland

. Each has its own legal system, distinct history and origins.

English law

"English law" is a term of art. It refers to the legal system administered by the courts in England and Wales, which rule on both civil and criminal matters. English law is renowned as being the mother of the common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

and is based on those principles. English law can be described as having its own legal doctrine, distinct from civil law

Civil law (legal system)

legal systems since 1189. There has been no major codification of the law, and subject to statute, the law is developed by judge

Judge

A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s in court

Court

A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

, applying statute, precedent

Precedent

In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...

and common sense to the facts before them, to give explanatory judgements of the relevant legal principles, which are reported and binding in future similar cases (stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...

).. In the early centuries, the justices and judges were responsible for adapting the Writ

Writ

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...

system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g., the Law Merchant began in the Pie-Powder Courts, see Court of Piepowder (a corruption of the Law French

Law French

Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...

"pieds-poudrés" or "dusty feet", meaning ad hoc marketplace courts). As Parliament

Parliament of England

The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...

developed in strength, subject to the doctrine of separation of powers

Separation of powers

The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...

, legislation gradually overtook judicial law-making, so that today judges are only able to innovate in certain very narrowly-defined areas. The year 1189 was defined in 1276 as being the boundary of time immemorial

Time immemorial

Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...

.

The courts of England and Wales

Courts of England and Wales

are headed by the Senior Courts of England and Wales, consisting of the Court of Appeal

Court of Appeal of England and Wales

The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...

, the High Court of Justice

High Court of Justice

The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...

(for civil cases) and the Crown Court

Crown Court

The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...

(for criminal cases). The Supreme Court is the highest court in the land for both criminal and civil appeal cases in England

England

England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, Wales

Wales

Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...

, and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

and any decision it makes is binding on every other court in the same jurisdiction, and often has persuasive effect in its other jurisdictions. On appeal, a court may overrule the decisions of its inferior courts, such as county courts (civil) and magistrates' courts (criminal). The High Court may also quash on judicial review

Judicial review

Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...

both administrative decisions of the Government and delegated legislation. The ultimate body of appeal for all criminal and civil cases in England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

(and Northern Ireland, and for all civil cases in Scots law) is the Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

, which took over this function from the Appellate Committee of the House of Lords

Judicial functions of the House of Lords

(usually just referred to as "The House of Lords

House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

") in October 2009.

After the Acts of Union, in 1707 English law became one of two legal systems in different parts of the same, united, kingdom and has been influenced by Scots law, most notably in the development and integration of the law merchant by Lord Mansfield

William Murray, 1st Earl of Mansfield

William Murray, 1st Earl of Mansfield, SL, PC was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland before moving to London at the age of 13 to take up a place at Westminster School...

and in time the development of the law of negligence

Negligence

Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

. Scottish influence may have influenced the abolition of the forms of action

Form of action

The forms of action were the different procedures by which a legal claim could be made in the early history of the English common law. While in modern English law, as in most other legal systems, the focus is on the substance underlying an action, such as the existence of a legal right, in the...

in the nineteenth century and extensive procedural reforms in the twentieth.

Northern Irish legal system

The law of Northern Ireland is a common law system. It is administered by the courts of Northern Ireland, with ultimate appeal to the Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

in both civil and criminal matters. The law of Northern Ireland is closely similar to English law, the rules of common law having been imported into the Kingdom of Ireland

Kingdom of Ireland

under English rule. However there are still important differences.

The sources of the law of Northern Ireland are English common law, and statute law. Of the latter, statutes of the Parliaments of Ireland

Parliament of Ireland

The Parliament of Ireland was a legislature that existed in Dublin from 1297 until 1800. In its early mediaeval period during the Lordship of Ireland it consisted of either two or three chambers: the House of Commons, elected by a very restricted suffrage, the House of Lords in which the lords...

, of the United Kingdom

Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

and of Northern Ireland

Parliament of Northern Ireland

The Parliament of Northern Ireland was the home rule legislature of Northern Ireland, created under the Government of Ireland Act 1920, which sat from 7 June 1921 to 30 March 1972, when it was suspended...

are in force, and latterly statutes of the devolved Assembly. The courts of Northern Ireland

Courts of Northern Ireland

The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law....

are headed by the Court of Judicature of Northern Ireland, consisting of the Northern Ireland Court of Appeal, the Northern Ireland High Court of Justice and the Northern Ireland Crown Court. Below that are county courts and magistrates' courts.

Scots law

Scots law is a unique legal system

Legal systems of the world

The legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...

with an ancient basis in Roman law

Roman law

Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...

. Grounded in uncodified civil law

Civil law (legal system)

dating back to the Corpus Juris Civilis
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...

, it also features elements of common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

with medieval

Legal institutions of Scotland in the High Middle Ages

sources. Thus Scotland

Scotland

has a pluralistic

Legal pluralism

Legal pluralism is the existence of multiple legal systems within one geographic area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems...

, or 'mixed', legal system, comparable to that of South Africa

Law of South Africa

South Africa has a 'hybrid' or 'mixed' legal system, made of the interweaving of a number of distinct legal traditions: a civil law system inherited from the Dutch, a common law system inherited from the British, and a customary law system inherited from indigenous Africans...

, and, to a lesser degree, the partly codified

Legal code

A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...

pluralistic systems of Louisiana and Quebec. Since the Acts of Union, in 1707, it has shared a legislature with the rest of the United Kingdom

United Kingdom

. Scotland and England & Wales each retained fundamentally different legal systems, but the Union brought English influence on Scots law and vice versa. In recent years Scots law has also been affected by both European law under the Treaty of Rome

Treaty of Rome

The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...

and the establishment of the Scottish Parliament

Scottish Parliament

The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...

which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998

Scotland Act 1998

The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

.

The chief courts are the Court of Session, for civil cases, and the High Court of Justiciary

High Court of Justiciary

, for criminal cases. The Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

serves as the highest court of appeal for civil cases under Scots law, with leave to appeal from the Court of Session not required as a general rule. Sheriff courts

Sheriff Court

deal with most civil and criminal cases including conducting criminal trials

Trial (law)

In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...

with a jury, known as sheriff solemn court, or with a sheriff and no jury, known as sheriff summary Court. The sheriff courts provide a local court service with 49 sheriff courts organised across six sheriffdom

Sheriffdom

A sheriffdom is a judicial district in Scotland.Since 1 January 1975 there have been six sheriffdoms. Previously sheriffdoms were composed of groupings of counties...

s. The Scots legal system is unique in having three possible verdict

Verdict

In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...

s for a criminal trial: "guilty

Guilt (law)

In criminal law, guilt is entirely externally defined by the state, or more generally a “court of law.” Being “guilty” of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute...

", "not guilty

Acquittal

In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...

" and "not proven
Not proven
Not proven is a verdict available to a court in Scotland.Under Scots law, a criminal trial may end in one of three verdicts: one of conviction and two of acquittal ....

". Both "not guilty" and "not proven" result in an acquittal

Acquittal

with no possibility of retrial

Trial (law)

.

The Cabinet Secretary for Justice is the member of the Scottish Government responsible for the police, the courts

Courts of Scotland

The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....

and criminal justice, and the Scottish Prison Service

Scottish Prison Service

The Scottish Prison Service is an executive agency of the Scottish Government tasked with managing prisons in Scotland...

, which manages the prisons in Scotland. Though the level of recorded crime in 2007/08 has fallen to the lowest for 25 years, the prison population, at over 8,000, is hitting record levels and is well above design capacity.

United Kingdom Parliament

The Parliament of the United Kingdom

Parliament of the United Kingdom

is bicameral, with an upper house

Upper house

An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...

, the House of Lords

House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

, and a lower house

Lower house

A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...

, the House of Commons

British House of Commons

The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

. The House of Lords includes two different types of members: the Lords Spiritual

Lords Spiritual

The Lords Spiritual of the United Kingdom, also called Spiritual Peers, are the 26 bishops of the established Church of England who serve in the House of Lords along with the Lords Temporal. The Church of Scotland, which is Presbyterian, is not represented by spiritual peers...

(the senior bishop

Bishop

A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...

s of the Church of England

Church of England

The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

) and the Lords Temporal (members of the Peerage

Peerage

The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...

); its members are not elected by the population at large. The House of Commons is a democratically elected chamber. The two Houses meet in separate chambers in the Palace of Westminster

Palace of Westminster

The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...

(commonly known as the "Houses of Parliament"), in the City of Westminster

City of Westminster

The City of Westminster is a London borough occupying much of the central area of London, England, including most of the West End. It is located to the west of and adjoining the ancient City of London, directly to the east of the Royal Borough of Kensington and Chelsea, and its southern boundary...

in London

London

London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

. By constitutional convention

Constitutional convention (political custom)

A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...

, all government ministers, including the Prime Minister

Prime Minister of the United Kingdom

The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...

, are members of the House of Commons or House of Lords.

Parliament evolved from the early medieval

Early Middle Ages

The Early Middle Ages was the period of European history lasting from the 5th century to approximately 1000. The Early Middle Ages followed the decline of the Western Roman Empire and preceded the High Middle Ages...

councils that advised the sovereigns of England and Scotland. In theory, power is vested not in Parliament, but in the "Queen-in-Parliament

Queen-in-Parliament

The Queen-in-Parliament , sometimes referred to as the Crown-in-Parliament or, more fully, as the King in Parliament under God, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in its legislative role, acting with the advice and consent of the lower...

" (or "King-in-Parliament"). The Queen-in-Parliament is often, incorrectly, said to be a completely sovereign

Sovereign

A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...

authority. In 2002 Thoburn v Sunderland City Council
Thoburn v Sunderland City Council
Thoburn v Sunderland City Council is an important English constitutional law case. It advances the theory that there exists a hierarchy of Acts of Parliament, whereby those Acts affecting "the legal relationship between citizen and State" or "fundamental constitutional rights" form a special and...

confirmed in English law the principle of the supremacy of EU law over national law (see Costa v. ENEL
Costa v. ENEL
Flaminio Costa v ENEL [1964] ECR 585 was a landmark decision of the European Court of Justice which established the supremacy of European Union law over the laws of its member states.-Facts:...

and Van Gend en Loos).

In modern times, real power is vested in the House of Commons and the European Commission

European Commission

The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

; the Sovereign acts only as a figurehead and the powers of the House of Lords are greatly limited.

Northern Ireland Assembly

The Northern Ireland Assembly is the devolved

Devolution

Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...

legislature

Legislature

A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

of Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

. It has power to legislate in a wide range of areas that are not explicitly reserved

Reserved matters

In the United Kingdom reserved matters and excepted matters are the areas of government policy where Parliament had kept the power to make laws in Scotland, Northern Ireland and Wales....

to the Parliament of the United Kingdom

Parliament of the United Kingdom

, and to appoint the Northern Ireland Executive

Northern Ireland Executive

The Northern Ireland Executive is the executive arm of the Northern Ireland Assembly, the devolved legislature for Northern Ireland. It is answerable to the Assembly and was established according to the terms of the Northern Ireland Act 1998, which followed the Good Friday Agreement...

. It sits at Parliament Buildings

Parliament Buildings (Northern Ireland)

The Parliament Buildings, known as Stormont because of its location in the Stormont area of Belfast is the seat of the Northern Ireland Assembly and the Northern Ireland Executive...

at Stormont in Belfast

Belfast

Belfast is the capital of and largest city in Northern Ireland. By population, it is the 14th biggest city in the United Kingdom and second biggest on the island of Ireland . It is the seat of the devolved government and legislative Northern Ireland Assembly...

.

The latest incarnation of the Assembly was established under the Good Friday Agreement

Belfast Agreement

The Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...

of 1998, an accord aimed at bringing an end to Northern Ireland's violent 30-year Troubles

The Troubles

The Troubles was a period of ethno-political conflict in Northern Ireland which spilled over at various times into England, the Republic of Ireland, and mainland Europe. The duration of the Troubles is conventionally dated from the late 1960s and considered by many to have ended with the Belfast...

. It is based on the principle of power-sharing

Consociationalism

Consociationalism is a form of government involving guaranteed group representation, and is often suggested for managing conflict in deeply divided societies...

under the D'Hondt method

D'Hondt method

The d'Hondt method is a highest averages method for allocating seats in party-list proportional representation. The method described is named after Belgian mathematician Victor D'Hondt who described it in 1878...

to ensure that Northern Ireland's largest political communities, the unionist

Unionism in Ireland

Unionism in Ireland is an ideology that favours the continuation of some form of political union between the islands of Ireland and Great Britain...

and nationalist

Irish nationalism

Irish nationalism manifests itself in political and social movements and in sentiment inspired by a love for Irish culture, language and history, and as a sense of pride in Ireland and in the Irish people...

communities both participate in governing the region. The Assembly is a unicameral, democratically

Democracy

Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...

elected body comprising 108 members who are known as Members of the Legislative Assembly

Member of the Legislative Assembly (Northern Ireland)

Member of the Legislative Assembly is a representative elected by the voters to the Northern Ireland Assembly in Northern Ireland.- About :...

, or MLAs. Members are elected under the single transferable vote

Single transferable vote

The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...

form of proportional representation

Proportional representation

Proportional representation is a concept in voting systems used to elect an assembly or council. PR means that the number of seats won by a party or group of candidates is proportionate to the number of votes received. For example, under a PR voting system if 30% of voters support a particular...

Scottish Parliament

The Scottish Parliament ' onMouseout='HidePop("20644")' href="/topics/Scots_language">Scots

Scots language

Scots is the Germanic language variety spoken in Lowland Scotland and parts of Ulster . It is sometimes called Lowland Scots to distinguish it from Scottish Gaelic, the Celtic language variety spoken in most of the western Highlands and in the Hebrides.Since there are no universally accepted...

: Scots Pairlament) is located in the Holyrood

Holyrood, Edinburgh

Holyrood is an area in Edinburgh, the capital of Scotland. Lying east of the city centre, at the end of the Royal Mile, Holyrood was once in the separate burgh of Canongate before the expansion of Edinburgh in 1856...

area of the capital Edinburgh

Edinburgh

Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...

. The Parliament, which is informally referred to as "Holyrood" (cf. "Westminster

Parliament of the United Kingdom

"), is a democratically elected body of 129 members who are known as Members of the Scottish Parliament or MSPs. Members are elected for four year terms under the Additional Member System

Additional Member System

The Additional Member System is the term used in the United Kingdom for the mixed member proportional representation voting system used in Scotland, Wales and the London Assembly....

of proportional representation

Proportional representation

. As a result, 73 MSPs represent individual geographical constituencies elected by the plurality voting system

Plurality voting system

The plurality voting system is a single-winner voting system often used to elect executive officers or to elect members of a legislative assembly which is based on single-member constituencies...

("first past the post"), with a further 56 returned from eight additional member regions, each electing seven MSPs. The original Parliament of Scotland

Parliament of Scotland

The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...

(or "Estates of Scotland") was the national legislature of the independent Kingdom of Scotland

Kingdom of Scotland

The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...

and existed from the early thirteenth century until the Kingdom of Scotland merged with the Kingdom of England

Kingdom of England

The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...

under the Acts of Union 1707

Acts of Union 1707

to form the Kingdom of Great Britain

Kingdom of Great Britain

. As a consequence, the Parliament of Scotland merged with Parliament of England

Parliament of England

, to form the Parliament of Great Britain

Parliament of Great Britain

The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...

, which sat at Westminster in London.

External links

UK Government Legislation portal

The source of this article is wikipedia, the free encyclopedia. The text of this article is licensed under the GFDL.

Three legal systems

English law

Northern Irish legal system

Scots law

United Kingdom Parliament

Northern Ireland Assembly

Scottish Parliament

See also

External links