Introduction to the Legal System of England and Wales and Sources of Law

Vocabulary flashcards covering the fundamental concepts, landmark cases, and historical developments of the legal system of England and Wales as outlined in the SQE1 syllabus.

Legal System

The body of institutions that make, execute and resolve disputes on the law of the jurisdiction, together with the law they deal with.

Jurisdiction

A political entity where a particular law has application.

Rule of Law (Lord Bingham's Definition)

The principle that all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts.

Benkharbouche and Janah v Secretary of State for Foreign and Commonwealth Affairs [2017]

A Supreme Court case that prioritised the Human Rights Act 1998 and the EU Charter of Fundamental Rights 2000 over the principle of state immunity for embassy employees.

Magna Carta 1215

A foundational document reached at Runnymede that established principles such as taxation by consent, the rule that justice should not be sold, delayed or denied, and that the burden of proof lies with the prosecutor.

Royal Assent

The customary final step in the creation of an Act of Parliament, signifying approval by the monarch.

Prohibitions del Roy [1607]

A case where Chief Justice Coke held that there should be a separation of powers and that judges, not the monarch, should decide law cases.

Case of Proclamations [1610]

A ruling stating that 'The King has no prerogative but that which the law of the land allows him,' reinforcing limits on Crown power.

Liversidge v Anderson [1942]

A case notable for Lord Atkin’s dissent, asserting that even in war, judges must stand between the subject and executive encroachments on liberty.

Miller v Secretary of State for Exiting the European Union [2017]

A Supreme Court decision holding that the Government must involve Parliament before triggering the Article 50 process for leaving the EU.

Bill of Rights 1688

An Act declaring the rights and liberties of the subject, including freedom of speech and the requirement for free elections, while restricting the Crown's power to suspend laws without Parliament's consent.

Representation of the People Acts (1832, 1867, 1884)

Legislation that extended the franchise to an increasing number of men, contributing to the development of representative democracy.

European Communities Act 1972

Legislation that anticipated the UK's membership in the EU and provided for obligations under EU Treaties to be given legal effect in the United Kingdom.

R (Factortame Ltd) v Secretary of State for Transport [1990]

A case in which the House of Lords acknowledged the supremacy of EU law and sought a preliminary ruling from the European Court of Justice (ECJ).

Acts of Union 1536 and 1543

The legislation that established administrative and legal institutions creating enduring links between England and Wales.

Civil Law

A branch of law dealing with contracts and disputes between private parties, where matters must be proved on the balance of probabilities.

Criminal Law

A branch of law that imposes restrictions and obligations on the population, requires proof beyond reasonable doubt, and results in punishment for transgressions.

Woolmington v DPP [1935]

The case establishing the 'golden thread' of justice, which dictates that the accused is innocent until proven guilty.

Metropolitan Police Act 1829

The legislation associated with Sir Robert Peel that gave official form to policing in London, based on the principle of policing by consent.

The BBC (British Broadcasting Corporation)

A unique broadcaster established by Royal Charter in 1927 that acts as an additional check and balance by holding the Government to account and maintaining impartiality.

Uncodified Constitution

A constitutional system where the guiding principles are located across different sources—such as the Magna Carta, the Bill of Rights 1688, and judicial precedent—rather than a single written document.

The Civil Service

The non-political administrative arm of the executive responsible for enacting government business and providing continuity between administrations.