Revise English legal system and its context for Cambridge 9084 (1.1.1)

Law is a system of rules created and enforced through social or governmental institutions to regulate behaviour. Its primary purpose is to maintain order, protect individual rights, resolve disputes, and set standards for society. A cornerstone of the English legal system is the 'Rule of Law', a concept famously articulated by A.V. Dicey. It comprises three key principles: firstly, no one can be punished except for a clear breach of the law established in an ordinary court. Secondly, everyone, regardless of rank or status, is equal before the law. Thirdly, the rights and liberties of citizens are best protected by the ordinary law of the land, enforced by the courts, rather than by a formal constitutional code. This principle ensures a government of laws, not of men.

Alongside the Rule of Law, the Separation of Powers is another vital constitutional principle. First articulated by the French philosopher Montesquieu, it advocates for the division of state power into three distinct branches to prevent the abuse of power and safeguard liberty. These branches are:

1. The Legislature: The law-making body (in the UK, this is Parliament).
2. The Executive: The body that governs and implements the law (the Government, led by the Prime Minister and Cabinet).
3. The Judiciary: The body that interprets and applies the law (the judges and courts). In its purest form, the theory holds that the same persons should not form part of more than one branch, and one branch should not control or interfere with the work of another. In the UK, there is a significant overlap, particularly between the legislature and the executive, as government ministers must be members of Parliament. However, reforms like the Constitutional Reform Act 2005, which created the Supreme Court and reformed the role of the Lord Chancellor, have strengthened the separation, especially for the judiciary.

The English legal system is a 'common law' system, meaning a significant portion of its law is found in the past decisions of judges. This is known as judicial precedent, or 'stare decisis'. Historically, the common law became rigid, so a separate system called Equity developed in the Court of Chancery to provide fairness where the common law could not. Equity created new remedies (e.g., injunctions, specific performance) and operated on principles of conscience, encapsulated in 'equitable maxims' like 'Equity looks to the intent, not the form'. Since the Judicature Acts 1873-75, common law and Equity have been administered in the same courts, but they remain distinct bodies of rules. Where a conflict arises, Equity prevails.

Statute law, in the form of Acts of Parliament, is the most important source of law in England and Wales. Due to the principle of Parliamentary Sovereignty, Parliament is the supreme law-making body, and its legislation takes precedence over all other sources of law. An Act of Parliament must pass through several stages in both the House of Commons and the House of Lords before receiving Royal Assent. To save parliamentary time and allow for specialist expertise, Parliament often delegates law-making powers to other bodies, such as government ministers or local authorities. This results in delegated (or secondary) legislation, such as Statutory Instruments and By-laws. This form of law is voluminous but subject to parliamentary and judicial controls to prevent abuse of power.

Following the UK's departure from the European Union (Brexit), a new source of law was created to ensure legal continuity. The European Union (Withdrawal) Act 2018 took a 'snapshot' of EU law as it stood on 31 December 2020 and incorporated it into UK domestic law. This body of law was known as Retained EU Law (REUL). It included former EU regulations, decisions, and principles established by the Court of Justice of the European Union (CJEU). Initially, REUL had a special status, and lower courts were bound by pre-Brexit CJEU case law. However, the Retained EU Law (Revocation and Reform) Act 2023 has significantly altered this landscape. It ended the special status of REUL, renaming it 'assimilated law', and gives UK courts, including lower courts, greater freedom to depart from pre-Brexit CJEU case law. It also provides mechanisms for the government to revoke or reform these laws more easily.

The English courts are arranged in a strict hierarchy, which is essential for the operation of judicial precedent (stare decisis). The decisions of higher courts are binding on lower courts. The Supreme Court sits at the apex of the civil and criminal hierarchy, and its decisions bind all courts below it. The Court of Appeal is bound by the Supreme Court and generally by its own past decisions. The High Court binds the lower courts (County and Magistrates' Courts) and is itself bound by the courts above it. The binding element of a judgment is the ratio decidendi (the reason for the decision), while other comments, known as obiter dicta, are merely persuasive. Judges can avoid precedent by distinguishing cases on their facts, or higher courts may overrule a principle from a previous case.