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English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
Thus, common law is declaratory, and this is often retrospective in effect. For example, see Shaw v DPP [1] and R v Knuller. [2] In the search for justice and fairness, there is a tension between the needs for, on one hand, predictability and stability, and "up-to date law", on the other. [3] There is a hierarchy of courts, and a hierarchy of ...
The Supreme Court is independent of the government of the UK, of Parliament, and of the court services of England and Wales, Scotland and Northern Ireland. It takes appeals from the Appeals Courts of England and Wales and of Northern Ireland, and Scotland's High Court of the Judiciary (civil cases only [31]). The President of the Supreme Court ...
In addition, there are many other specialist courts. These are often described as "tribunals" rather than courts, but the difference in name is meaningless. For example, an employment tribunal is an inferior court of record for the purposes of the law of contempt of court. In many cases, there is a statutory right of appeal from a tribunal to a ...
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland.The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom-wide jurisdiction but judgments only apply ...
[8] [9] It established a unified legal system, gradually supplanting the local folk courts and manorial courts. [9] [8] England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies; this was continued by the later British Empire. Many former colonies retain the common law system today.
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A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges. [1] Matters heard by a divisional court include some criminal cases in the High Court (including appeals from magistrates' courts and in extradition proceedings) as well as certain judicial review cases.