Wikipedia

English law

(Redirected fromEnglish common law)

Not to be confused withLaw of the United Kingdom.
"English and Welsh law" redirects here. For Senedd-made legislation, seeWelsh law.For UK Acts of Parliament only applying to Wales, seeWales-only laws.For other uses, seeEnglish law (disambiguation).

English lawis thecommon lawlegal systemofEngland and Wales,comprising mainlycriminal lawandcivil law,each branch having its owncourtsandprocedures.[1][2][3]

TheRoyal Courts of Justiceis on theStrandinLondon.Together with its adjacent Thomas More Building and its outpost Rolls Building on Fetter Lane, it is the main seat of theHigh Court of Justiceand the ordinary seat of theCourt of Appeal.

Principal elements

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Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutorylegislation,which comprisesActs of Parliament,regulations[a]andby-laws.In the absence of any statutory law, the common law with its principle ofstare decisisforms the residual source of law, based on judicial decisions, custom, and usage.[4][5]

Common law is made by sittingjudgeswho apply bothstatutory lawand established principles which are derived from thereasoningfromearlierdecisions.Equityis the other historic source of judge-made law. Common law can be amended or repealed byParliament.[6][b]

Not being acivil lawsystem, it has no comprehensivecodification.[c]However, most of its criminal law has been codified from its common law origins, in the interests both of certainty and of ease of prosecution.[7][8]For the time being,murderremains a common law crime rather than a statutory offence.[9][d]

Although Scotland and Northern Ireland form part of the United Kingdom and share Westminster as a primary legislature, they have separate legal systems outside English law.

International treatiessuch as theEuropean Union'sTreaty of Rome[e]or theHague-Visby Ruleshaveeffect in English lawonly when adopted and ratified by Act of Parliament.[11]Adopted treaties may be subsequently denounced by executive action,[12]unless the denouncement or withdraw would affect rights enacted by Parliament. In this case, executive action cannot be used owing to the doctrine ofparliamentary sovereignty.This principle was established in the case ofR (Miller) v Secretary of State for Exiting the European Unionin 2017.

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Criminal law and civil law

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Statue ofLady Justiceon the dome of theCentral Criminal Court of England and Walesin theCity of London(the "Old Bailey")

Criminal lawis the law of crime and punishment whereby theCrownprosecutes the accused.Civil lawis concerned withtort,contract, families, companies and so on. Civil law courts operate to provide a party[f]who has anenforceable claimagainst another party with aremedysuch asdamagesor adeclaration.[13]

Common law and civil law

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In this context,civil lawis the system ofcodifiedlaw that is prevalent in Europe. Civil law is founded on the ideas ofRoman law.[g]

By contrast, English law is the archetypalcommon lawjurisdiction, built uponcase law.[14]

Common law and equity

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In this context,common lawmeans the judge-made law of theKing's Bench;whereasequityis the judge-made law of the (now-defunct)Court of Chancery.[15]Equity is concerned mainly withtrustsandequitable remedies.Equity generally operates in accordance with the principles known as the "maxims of equity".[h]

The reformingJudicature Actsof the 1880s amalgamated the courts into one Supreme Court of Judicature which was directed to administer both law and equity.[17]Theneo-GothicRoyal Courts of Justicein The Strand, London, were built shortly afterwards to celebrate these reforms.

Public law and private law

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Public law[i]is thelawgoverning relationships between individuals and thestate.Private law encompasses relationships between private individuals and other private entities (but may also cover "private" relationships between the government and private entities).

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Aremedyis "the means given by law for the recovery of aright,or ofcompensationfor its infringement ".[18]Most remedies are available only from the court, but some are "self-help"remedies; for instance, a party who lawfully wishes to cancel[j]a contract may do so without leave;[k][20]and a person may take his own steps to "abate a private nuisance".

Formerly, most civil actions claiming damages in theHigh Courtwere commenced by obtaining awritissued in the Queen's name. After 1979, writs have merely required the parties to appear, and writs are no longer issued in the name of the Crown.[21]After theWoolf Reformsof 1999, almost all civil actions other than those connected with insolvency are commenced by the completion of a Claim Form[22]as opposed to a writ, originating application, or a summons.[23]

Sources of English law

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Further information:Sources of law
SirWilliam Blackstonein 1774, after his appointment as a Justice of theCourt of King's Bench

In England there is a hierarchy of sources, as follows:[24]

The rule ofEuropean Union lawin England, previously of prime importance, has been ended as a result ofBrexit.[25]

Statute law

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Further information:Statutory law

Primary legislationin the UK may take the following forms:

Orders in Councilare asui generiscategory of legislation.

Secondary (or "delegated" ) legislationin England includes:

Statutes are cited in this fashion: "Short TitleYear ", e.g.Theft Act 1968.[n][26]This became the usual way to refer to Acts from 1840 onwards; previously Acts were cited by theirlong titlewith theregnal yearof theparliamentary sessionwhen they receivedroyal assent,and the chapter number. For example, thePleading in English Act 1362(which requiredpleadingsto be in English and notLaw French) was referred to as36 Edw. 3.c. 15,meaning "36th year of the reign ofEdward III,chapter 15 ".[o](By contrast, American convention inserts "of", as in "Civil Rights Actof1964").

Common law

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Further information:Common law

Common law is a term with historical origins in the legal system of England. It denotes, in the first place, the Anglo-Norman legal system that superseded and replacedAnglo-Saxon lawin England following theBattle of Hastingsin 1066. Throughout theLate Medieval Period,English law was codified through judge-made laws and precedents that were created in the proceedings of Royal justices in theCircuit courtsdictated by theEyresthroughout the country (these themselves evolving from the early medievalItinerant courts). This body of legal scholarship was first published at the end of the 19th century,The History of English Law before the Time of Edward I,[27]in whichPollockandMaitlandexpanded the work ofCoke(17th century) andBlackstone(18th century). Specifically, the law developed in England'sCourt of Common Pleasand other common law courts, which became also the law of the colonies settled initially under the Crown of England or, later, of theUnited Kingdom,inUnited States,Canada,Australia,New Zealand,South Africa,Singapore,Indian Subcontient,Israeland elsewhere.

This law further developed after those courts in England were reorganised by theSupreme Court of Judicature Actspassed in the 1870s. It developed independently, in the legal systems of the United States and other jurisdictions, after their independence from the United Kingdom, before and after the 1870s. The term is used, in the second place, to denote the law developed by those courts, in the same periods, pre-colonial, colonial and post-colonial, as distinct from within the jurisdiction, or former jurisdiction, of other courts in England: theCourt of Chancery,theecclesiastical courts,and theAdmiralty court.

In theOxford English Dictionary(1933) "common law" is described as "The unwritten law of England, administered by the King's courts, which purports to be derived from ancient usage, and is embodied in the older commentaries and the reports of abridged cases", as opposed, in that sense, to statute law, and as distinguished from the equity administered by the Chancery and similar courts, and from other systems such as ecclesiastical law, and admiralty law.[28]For usage in the United States the description is "the body of legal doctrine which is the foundation of the law administered in all states settled from England, and those formed by later settlement or division from them".[29]

Possible Islamic Origins

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Professor John Makdisi's article "The Islamic Origins of the Common Law" in theNorth Carolina Law Review[30]theorised that English common law was influenced by medievalIslamic law.[31]Makdisi drew comparisons between the "royal Englishcontractprotected by the action ofdebt"and the" IslamicAqd",the" Englishassize of novel disseisin"(a petty assize adopted in the 1166 at the Assizes of Clarendon) and the" IslamicIstih QAQ",and the" Englishjury"and the" IslamicLafif"in the classicalMalikischool ofIslamic jurisprudence.[30]

He argued that these institutions were transmitted to England by theNormans,[30]"through the close connection between the Norman kingdoms ofRoger II in Sicily— ruling over a conquered Islamic administration — andHenry II in England."[32]Makdisi argued that the "law schoolsknown asInns of Court"in England, which he asserts are parallel toMadrasahs,may have also originated from Islamic law.[30]He states that the methodology of legalprecedentand reasoning byanalogy(Qiyas) are similar in both the Islamic and common law systems.[33]

Other legal scholars such as Monica Gaudiosi, Gamal Moursi Badr and A. Hudson have argued that the Englishtrustandagencyinstitutions, which were introduced byCrusaders,may have been adapted from the IslamicWaqfandHawalainstitutions they came across in the Middle East.[34][35]Paul Brand notes parallels between theWaqfand the trusts used to establishMerton CollegebyWalter de Merton,who had connections with theKnights Templar.[31]

Early development

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In 1276, the concept of "time immemorial"often applied in common law, was defined as being any time before 6 July 1189 (i.e. beforeRichard I's accession to theEnglish throne). Since 1189, English law has been a common law, not acivil lawsystem. In other words, no comprehensive codification of the law has taken place andjudicial precedentsare binding as opposed to persuasive. This may be a legacy of theNorman Conquestof England in 1066, when a number of legal concepts and institutions fromNorman lawwere introduced to England.[36]

In the early centuries of English common law, the justices andjudgeswere responsible for adapting the system ofwritsto meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law. An example is theLaw Merchantderived from the"Pie-Powder" Courts,named from a corruption of theFrenchpieds-poudrés( "dusty feet" ) implyingad hocmarketplace courts.

FollowingMontesquieu's theory of the "separation of powers", only Parliament has the power to legislate. If a statute is ambiguous, then the courts have exclusive power to decide its true meaning, using the principles ofstatutory interpretation.Since the courts have no authority to legislate, the "legal fiction"is that they" declare "(rather than" create ") the common law. TheHouse of Lordstook this "declaratory power" a stage further inDPP v Shaw,[37]where, in creating the new crime of "conspiracy to corrupt public morals",Viscount Simondsclaimed the court had a "residual power to protect the moral welfare of the state".[38][39]As Parliament became ever more established and influential, Parliamentarylegislationgradually overtook judicial law-making, such that today's judges are able to innovate only in certain, very narrowly defined areas.

Overseas influences

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A map of the British Empire underQueen Victoriaat the end of the nineteenth century. "Dominions" refers to all territories belonging tothe Crown.

Reciprocity

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England exported its common law and statute law to most parts of theBritish Empire.Many aspects of that system have survived after Independence from British rule, and the influences are often reciprocal. "English law" prior to the American Revolutionary Wars (American War of Independence) is still an influence onAmerican law,and provides the basis for many American legal traditions and principles.

After independence, English common law still exerted influence over American common law – for example,Byrne v Boadle(1863), which first applied theres ipsa loquiturdoctrine. Jurisdictions that have kept to the common law may incorporate modern legal developments from England, and English decisions are usually persuasive in such jurisdictions.

In the United States, each state has its own supreme court with final appellate jurisdiction, resulting in the development of state common law. The US Supreme Court has the final say over federal matters. By contrast, in Australia, one national common law exists.[40]

Courts of final appeal

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After Britain's colonial period, jurisdictions that had inherited and adopted England's common law[p]developed their courts of final appeal in differing ways: jurisdictions still under the British crown are subject to theJudicial Committee of the Privy Councilin London.[q]For a long period, the BritishDominionsused London's Privy Council as their final appeal court, although one by one they eventually established their localsupreme court.New Zealand was the last Dominion to abandon the Privy Council, setting up its ownSupreme Courtin 2004.[r]

Even after independence, many former British colonies in theCommonwealthcontinued to use the Privy Council, as it offered a readily available high-grade service. In particular, several Caribbean Island nations found the Privy Council advantageous.

International law and commerce

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Britain is adualistin its relationship with international law, so international treaties must be formally ratified by Parliament and incorporated into statute before suchsupranationallaws become binding in the UK.[s][t][u][v]

Britain has long been a major trading nation, exerting a strong influence on the law ofshippingandmaritime trade.The English law ofsalvage,[42]collisions,[43]ship arrest,[44]andcarriage of goods by sea[45]are subject to international conventions which Britain played a leading role in drafting. Many of these conventions incorporate principles derived from English common law[w]and documentary procedures.[x]

British jurisdictions

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Main article:Law of the United Kingdom § Legal jurisdictions
The formerMiddlesex GuildhallinParliament Squareis now the location of theSupreme Court of the United Kingdom.

The United Kingdom of Great Britain and Northern Ireland comprises three legal jurisdictions: England and Wales, Scotland, and Northern Ireland. Although Scotland and Northern Ireland form part of the United Kingdom and share the Parliament at Westminster as the primary legislature, they have separate legal systems. Scotland became part of the UK over 300 years ago, butScots lawhas remained remarkably distinct from English law.

The UK's highest civilappeal courtis theSupreme Court of the United Kingdom,whose decisions, and those of its predecessor the House of Lords, are binding on all three UK jurisdictions. Unless obviously limited to a principle of distinct English and Welsh, Scottish or Northern Irish law, as inDonoghue v Stevenson,a Scots case that forms the basis of the UK's law ofnegligence.[46]

Application of English law to Wales

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See also:Proposed Wales criminal justice system

UnlikeScotlandandNorthern Ireland,Walesis not a separatejurisdictionwithin theUnited Kingdom.The customary laws ofWaleswithin theKingdom of Englandwere abolished byKing Henry VIII'sLaws in Wales Acts,which brought Wales into legal conformity with England. WhileWalesnow has a devolvedparliament (the Senedd),any legislation it passesmust adhere to circumscribed subjectsunder theGovernment of Wales Act 2006,to other legislation of theBritish Parliament,or to anyOrder in Councilgiven under the authority of the 2006 Act.

Any reference to England in legislation between 1746 and 1967 is deemed to include Wales. As to later legislation, any application to Wales must be expressed under theWelsh Language Act 1967and the jurisdiction is, since, correctly and widely referred to asEngland and Wales.

Devolutionhas granted some political autonomy toWalesvia theNational Assembly for Wales,which gained its power to pass primary legislation under theGovernment of Wales Act 2006,in force since the2007 Welsh general election.The legal system administered through civil and criminal courts is unified throughoutEngland and Wales.

This is different fromNorthern Ireland,for example, which did not cease to be a distinctjurisdictionwhen its legislature was suspended (seeNorthern Ireland (Temporary Provisions) Act 1972). A major difference is use of theWelsh language,as laws concerning it apply in Wales and not in the rest of theUnited Kingdom.TheWelsh Language Act 1993is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales with regard to the public sector. Welsh may also be spoken in Welsh courts.

There have been calls from both Welsh academics and politicians for a separateWelsh justice system.[47][48][49]

Classes of English law

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See also

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Notes

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  1. ^English regulations are not to be confused withEU Regulations
  2. ^The old estates in land were replaced by new provisions in the1925 property legislation
  3. ^Two areas of commercial law, sale of goods and marine insurance, were codified into (respectively) theSale of Goods Act 1893and theMarine Insurance Act 1906.
  4. ^In contentious cases, such as the battered wife's revenge, or familymercy killings,English juries have been glad of the ability to treat a clear murder as though it were manslaughter.[10]
  5. ^Now renamed asTreaty on the Functioning of the European Union
  6. ^... or "claimant", "plaintiff", "petitioner" etc.
  7. ^An example of civil law is theNapoleonic Codein France
  8. ^Equitable maxims include: "Equity will not suffer a wrong to be without a remedy","Equity acts on the person"and"He who comes into equity must come with clean hands".[16]
  9. ^This distinction is borrowed from civil law systems, and is neither as useful nor as appropriate in England as in Europe.
  10. ^Usingrepudiationorrescission,(as the case may be)
  11. ^If the other party feels that the first was wrong to cancel, he may ask a court to "declarethe contract subsisting ".[19]
  12. ^Parliamentary conventions should not be confused with international conventions, which are treaties adopted and ratified by Parliament.
  13. ^Such asCokeandBlackstone.
  14. ^Before 1963 Acts were cited with a comma between the Short Title and the year, e.g. "Acts of Parliament Numbering and Citation Act, 1962".[1]The comma has since been dropped, e.g. "British Museum Act 1963"
  15. ^Although in the past this was all spelled out, together with the long title.
  16. ^In this context, "common law" has been described as a body of judge-made law enforced and developed by the courts whichincludesequity and admiralty law, and which has always been "unintelligible without reference to the statute".[41]
  17. ^The US, Britain's first colony to be "lost", has a central federal Supreme Court as well as a "supreme court" in each state.
  18. ^Any decisions of the Privy Council made before the change of jurisdiction remain binding legal precedent.
  19. ^Mere agreement to the final text of a treaty is only the first stage, hence "dualist". For instance, Britain has yet to ratify the terms of theArrest Convention 1999,so the earlier 1952 treaty is still in place.
  20. ^Ratification after agreement of a final text often takes decades. In the case of theMaritime Labour Conventionof 2006, even though theEUinstructed member states to adopt the MLC, this "fast-tracked" treaty still did not come into force until 2013.
  21. ^For example, theEuropean Convention on Human Rights and Fundamental Freedomswas signed in 1950 and Britain allowed individuals to directly petition theEuropean Commission on Human Rightsfrom 1966. Now s6(1)Human Rights Act 1998(HRA) makes it unlawful "... for a public authority to act in a way which is incompatible with a convention right", where a "public authority" is any person or body which exercises a public function, expressly including the courts but expressly excluding Parliament.
  22. ^Although the European Convention has begun to be applied to the acts of non-state agents, the Human Rights Act (HRA) does not make the convention specifically applicable between private parties. Courts have taken the convention into account in interpreting the common law. They also must take the convention into account in interpreting Acts of Parliament, but must ultimately follow the terms of the Act even if inconsistent with the convention (s3 HRA).
  23. ^Such as the rule ondeviation
  24. ^Such as theLloyd's Open Form
  25. ^English criminal law derives its main principles from the common law. The main elements of a crime are theactus reus(doing something which is criminally prohibited) and amens rea(having the requisite criminal state of mind, usuallyintentionorrecklessness). A prosecutor must show that a person hascausedthe offensive conduct, or that the culprit had some pre-existing duty to take steps to avoid a criminal consequence. The types of different crimes ranging from those well-known ones likemanslaughter,murder,theftandrobberyto many regulatory and statutory offenses. It is estimated that in the UK, there are 3,500 classes of a criminal offence. Certain defences may exist to crimes, which includeself-defence,intention,necessity,duress,and in the case of a murder charge, diplomatic immunity and under the Homicide Act 1957,diminished responsibility,provocationand, in very rare cases, the survival of asuicide pact.It has often been suggested that England and Wales should codify its criminal law in anEnglish Criminal Code,but there has been no overwhelming support for this in the past.
  26. ^Subject to general laws from incorporated European Regulations and Directives and mainly regulated in the same way across the United Kingdom
  27. ^Almost uniform throughout the UK
  28. ^Harmonised, not uniform, across the UK

References

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  1. ^For Civil procedure, seeCivil procedure in England and Wales
  2. ^For Criminal procedure, see theCriminal Procedure and Investigations Act 1996
  3. ^Note: "English law" is more accurately, termed the law ofEngland and Walesand is applied in agreements that parties will adopt thejurisdiction of England and Walesas well as for matters within the physical jurisdiction.
  4. ^Collins English Dictionary
  5. ^It is characteristic of the common law to adopt an approach based "on precedent, and on the development of the law incrementally and by analogy with established authorities",Robinson v Chief Constable of West Yorkshire Police,Supreme Court,[2018] UKSC 4, para. 21
  6. ^For example, section 4 of theCarriage of Goods by Sea Act 1992repealed the rule inGrant v Norway(1851) 10 CB 665.
  7. ^Law Commission Report on the Codification of the Criminal Law
  8. ^Fisher v Bell[1961] 1 QB 394
  9. ^Law Commission Consultation Paper no. 177 - "A New Homicide Act for England and Wales?"
  10. ^"Woman walks free after mercy killing case".The Independent.Retrieved2018-08-03.
  11. ^Carriage of Goods by Sea Act 1971:s.1(1)In this Act, "the Rules" means the International Convention for the unification of certain rules of law relating to bills of lading (...). s.1(2)The provisions of the Rules, as set out in the Schedule to this Act, shall have the force of law.
  12. ^Arrest Convention 1952 Art. 17
  13. ^Other remedies includeequitable reliefsuch as aninjunctionandaccount of profits.
  14. ^Penny Darbyshire writes: "... in England... at no time was it felt necessary to look outside the principles of common law or equity for assistance. Inevitably, through the ecclesiastical courts in particular, some Roman law influence can be traced, but in general terms, this is very limited". -Darbyshire on the English Legal System(2017)
  15. ^TheJudicature Actsof 1873-75 abolished the Court of Chancery and "fused" law and equity. Today, equity cases are mostly dealt with in the Chancery Division of theHigh Court.
  16. ^Snell, Edmund Henry Turner; Megarry, R.E.; Baker, P.V. (1960).Snell's Principles of Equity(25 ed.). London: Sweet & Maxwell. p. 24
  17. ^Snell, Edmund Henry Turner; Megarry, R.E.; Baker, P.V. (1960).Snell's Principles of Equity(25 ed.). London: Sweet & Maxwell. p. 10
  18. ^Law Dictionary (10th ed) - E.R.Hardy Ivamay - Butterworths
  19. ^SeeHong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd1961] EWCA Civ 7
  20. ^Misrepresentation Act 1967s.2
  21. ^Rules of the Supreme Court (Writ and Appearance) 1979 (Statutory Instrument 1979, No. 1716),discussed in House of Lords in 1980
  22. ^...as prescribed by Rules 7How to start proceedingsand 8Alternative procedure for claimsof theCivil Procedure Rules)
  23. ^The Civil Procedure Rules 1998
  24. ^Slapper; Kelly (2016).English Legal System.Routledge.
  25. ^"Retained EU Law".lawsociety.org.uk.Retrieved2024-01-03.
  26. ^See also: acts listed in First Schedule toShort Titles Act, 1896) where the title is the "short title",and ends in" Act ", as in" Interpretation Act 1978 ".
  27. ^ProfessorS. F. C. Milsom(1968).The History of English Law before the Time of Edward I.Vol. 1 and 2. Cambridge University Press.Archivedfrom the original on Oct 27, 2020 – via Online Library of Liberty.
  28. ^OED, 1933 edition: citations supporting that description, before Blackstone, are from the 14th and 16th centuries.
  29. ^OED, 1933 edition: citations supporting that description are two from 19th century sources.
  30. ^abcdMakdisi, John A. (June 1999)."The Islamic Origins of the Common Law".North Carolina Law Review.77(5).University of North Carolina School of Law:1635–1739.
  31. ^abMukul Devichand (24 September 2008)."Is English law related to Muslim law?".BBC News.Retrieved2008-10-05.
  32. ^Hussain, Jamila (2001). "Book Review:The Justice of Islamby Lawrence Rosen ".Melbourne University Law Review.30.
  33. ^El-Gamal, Mahmoud A. (2006).Islamic Finance: Law, Economics, and Practice.Cambridge University Press.p. 16.ISBN978-0-521-86414-5.
  34. ^Gaudiosi, Monica M. (April 1988)."The Influence of the Islamic Law of Waqf on the Development of the Trust in England: The Case of Merton College".University of Pennsylvania Law Review.136(4): 1231–1261.doi:10.2307/3312162.JSTOR3312162.S2CID153149243.
  35. ^Badr, Gamal Moursi (Spring 1978). "Islamic Law: Its Relation to Other Legal Systems".The American Journal of Comparative Law.26(2 – Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24–25, 1977): 187–198 [196–8].doi:10.2307/839667.JSTOR839667.
  36. ^"The English legal system".ICLR.Retrieved2024-01-03.
  37. ^Shaw v DPP1962 AC 220 HL [n]
  38. ^Shaw v DPPcase summary
  39. ^Viscount Simonds: "There remains in the Courts of Law a residual power to enforce the supreme and fundamental purpose of the law, to conserve not only the safety and order but also the moral welfare of the State, and that it is their duty to guard it against attacks which may be the more insidious because they are novel and unprepared for."
  40. ^Liam Boyle,An Australian August Corpus: Why There is Only One Common Law in Australia,Bond Law Review, Volume 27, 2015
  41. ^Liam Boyle:An Australian August Corpus: Why There is Only One Common Law in Australia,Bond Law Review, Volume 27, 2015. p.29 IISome Preliminary Propositions
  42. ^1989 Salvage Convention
  43. ^COLREGS
  44. ^1952 Arrest Convention
  45. ^TheHague-Visby Rules
  46. ^Donoghue v Stevenson[1932] UKHL [1932] UKHL
  47. ^"Written Statement: Update on the development of the justice system and the legal sector in Wales (30 September 2021)".GOV.WALES.30 September 2021.Retrieved2022-11-29.
  48. ^"Plaid Cymru call for devolution of justice to Wales - 'we can't be treated as an appendage to England'".Nation.Cymru.2022-11-29.Retrieved2022-11-29.
  49. ^"Devolution a 'necessary step' towards a better Welsh criminal justice system, academics argue".Cardiff University.Retrieved2023-02-22.

Bibliography

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  • Beale, Joseph H. (1935).A Treatise on the Conflict of Laws.ISBN978-1-58477-425-9
  • Darbyshire, Penny (2017).Darbyshire on the English Legal System- 12th ed - Sweet & Maxwell -ISBN978-0-414-05785-2
  • Dicey, A. V.; Morris, J. H. C. & Collins, Lawrence (1993).Dicey and Morris on the Conflict of Laws12th ed. London: Sweet & MaxwellISBN978-0-420-48280-8
  • Slapper, Gary & Kelly, David (2016).The English Legal System.London: Routledge.ISBN978-1-138-94445-9.
  • Barnett, Hilaire (2008).Constitutional & Administrative Law.London: Routledge-Cavendish.ISBN978-0-415-45829-0.

Further reading

  • Fleming, Justin (1994)Barbarism to Verdict: A History of the Common Law.Sydney, NSW: Angus & Robertson Publishers.ISBN978-0-207-17929-7
  • Greenberg, Daniel & Banaszak, Klara eds. (2012)Jowitt's Dictionary of English Law,5th ed. London: Sweet & Maxwell.
  • Milsom, S. F. C. (2003)A Natural History of the Common Law.New York: Columbia University Press.ISBN978-0-231-12994-7
  • Milsom, S. F. C. (1981)Historical Foundations of the Common Law,2nd ed. London: Butterworths; Oxford: Oxford University Press.ISBN978-0-406-62503-8
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