SQE1: Introduction to the Legal System of England and Wales and Sources of Law

Vocabulary flashcards covering key terms, historical statutes, judicial precedents, and constitutional principles for the Introduction to the Legal System of England and Wales and Sources of Law (SQE1).

Legal System

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

Jurisdiction

A political entity where a particular law has application.

Rule of Law

The core constitutional principle defined by Lord Bingham stating 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] UKSC 62

A Supreme Court decision holding that employment claims against foreign embassies could proceed because provisions of the Human Rights Act 1998, ECHR, and EU Charter of Fundamental Rights took precedence over state immunity.

Magna Carta 1215

An agreement reached between King John and his nobility at Runnymede establishing enduring legal principles, including that justice shall not be sold, delayed, or denied, and that individuals shall only be punished within the law of the land.

Prohibitions del Roy [1607] 12 Co Rep 64

A decision by Chief Justice Coke establishing the principle of separation of powers by holding that judges, not the monarch, must be entrusted with decision-making in legal cases.

Case of Proclamations [1610] 12 Co Rep 74

A seminal case in which Chief Justice Coke established limits on executive authority, declaring that the King has no prerogative other than what the law of the land allows him.

Liversidge v Anderson [1942] AC 206

A House of Lords case notable for Lord Atkin's dissenting judgment, which affirmed that laws speak the same language in war as in peace and that judges stand between the subject and attempted executive encroachments on liberty.

Miller v Secretary of State for Exiting the European Union [2017] UKSC 5

A Supreme Court decision ruling that the UK Government was legally obligated to obtain parliamentary approval before triggering Article 50 to leave the European Union.

Bill of Rights 1688

A landmark constitutional statute restricting monarchical power by declaring illegal the suspension or execution of laws by royal authority without parliamentary consent, while protecting rights such as freedom of speech and free parliamentary elections.

Representation of the People Acts 1832, 1867, and 1884

A series of 19th-century electoral reform statutes that progressively extended the parliamentary voting franchise across the United Kingdom.

European Communities Act 1972

The UK statute providing for membership in the European Union and mandating that EU treaty rights, obligations, and legal procedures be given legal effect and enforced within the UK.

R (Factortame Ltd) v Secretary of State for Transport [1990] 2 AC 85

A House of Lords decision in which Lord Bridge recognized the supremacy of EU law over domestic law, ruling that an English court was obliged under the Treaty of Rome to seek a preliminary ruling from the European Court of Justice.

Assimilated Law

Legal provisions converted from their former EU legal status into domestic national law under the Retained EU Law (Revocation and Reform) Act 2023.

Civil Law

The branch of law governing contracts, private disputes, and legal rights between entities, where matters are resolved through remedies or financial compensation and proven on the balance of probabilities.

Criminal Law

The branch of law enforcing public obligations and societal prohibitions, where transgressions are met with state punishment (including potential loss of liberty) and guilt must be proven beyond reasonable doubt.

Woolmington v DPP [1935] AC 462

A milestone criminal law decision establishing the 'golden thread' of English justice: that an accused person is presumed innocent until proven guilty beyond reasonable doubt by the prosecution.

Metropolitan Police Act 1829

The statute originating official policing in London under Sir Robert Peel, establishing policing by consent subject to central government authority.

Mohidin v Commissioner of The Police of The Metropolis [2015] EWHC 2740 (QB)

A High Court case addressing police misconduct and unlawful arrest, demonstrating that police officers must act within the law and remain equal before the courts.

Uncodified Constitution

A constitutional model, as seen in the UK, where foundational rules and principles are spread across multiple written statutes, judicial precedents, unwritten customs, royal prerogatives, and constitutional conventions rather than contained in a single document.

Civil Service

The non-political administrative body of the executive responsible for implementing government policy, advising elected leaders, and providing administrative continuity across government administrations.