Guide to Foreign and International Legal Citations - New York ...

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UNITED KINGDOM
I. COUNTRY PROFILE (Common Law)
The United Kingdom is a constitutional monarchy comprised of Great Britain and
Northern Ireland. Great Britain consists of the countries of England, Scotland, and Wales. Each
region is further subdivided into various municipalities, counties, and parliamentary
constituencies. The United Kingdom’s official language is English. Its legal system is based
primarily on the common law tradition, although some parts include elements of the civil law
tradition. The United Kingdom is a Member State of the European Union.
The United Kingdom does not have a written constitution. Its constitutional law is based
partially on common law and practice and partially on statutory sources such as the Magna Carta,
the Bill of Rights, the Union with Scotland Act, and the European Communities Act.
Executive power is vested in the Government. The Sovereign, who is determined by a
hereditary monarchy, is head of state, although this role is largely ceremonial. The Prime
Minister, who is head of the Government, is appointed by the Sovereign Head of State from
among the Members of the House of Commons. Typically the Prime Minister is the leader of the
majority party or coalition. Members of the Cabinet of Ministers are appointed by the Prime
Minister.
Legislative power is vested in the bicameral Parliament, which consists of the House of
Commons and the House of Lords. The 659 Members of the House of Commons are directly
elected by the people to five-year terms. Members of the House of Lords, none of whom are
elected by the people, include approximately 500 life peers, ninety-two hereditary peers, and
twenty-six clergy. The Prime Minister may ask the monarch to dissolve Parliament and call a
general election at any time. Formally, legilsation, which is proposed by the Government, must
be approved by both Houses of Parliament and must receive Royal assent. In reality, legislative
power is exercised almost exclusively by the House of Commons.
Judicial power is vested in the courts. However, the United Kingdom has three separate
and distinct legal systems, rather than a single unified system. England and Wales have a
common law system, which incorporates a system of equity administered by the Court of
Chancery. Although power has been devolved to Wales, its legal system is not distinct from that
of England. Scotland has a mixed legal system, deriving principles from both Roman and
English law. Finally, Northern Ireland has a legal system somewhat different from that of
England, including removal of the right to trial by jury for certain terrorist offenses.
The courts include the House of Lords, the Supreme Courts of England, Wales, and
Northern Ireland, and Scotland’s Court of Session and Court of the Justiciary. The House of
Lords’ legal functions are separate from its legislative functions. The Appellate Committee of
the House of Lords is the final court of appeal in the United Kingdom and is composed of the
Lord Chancellor and Lords of Appeal in the Ordinary. It hears civil and criminal appeals from
the Court of Appeal in England and Wales and Northern Ireland, and civil appeals from the
Court of Session in Scotland. Cases are heard by up to thirteen judges, or Law Lords.
The Supreme Courts of England, Scotland, and Wales are comprised of Courts of Appeal,
High Courts of Justice, Crown Courts, and Magistrates’ Courts. The Civil Divisions of the
Courts of Appeal hear appeals from decisions of the High Courts and County Courts. The High
Courts consist of three divisions: Chancery Courts, Family Courts, and Queen’s Branch. The
High Courts are courts of general civil jurisdiction. The High Courts sometimes hear appeals