Regional legal systems

• The UK is a political union of four countries, each with different legal systems. England and Wales share a legal system, which differs from Scotland and Northern Ireland.
• Different Legal Systems in the UK

  The UK has three separate legal jurisdictions due to historical developments:

  • 1543: England and Wales joined together, sharing a legal system.
  • 1707: Scotland joined England and Wales under the Act of Union, keeping its own legal system.
  • 1801: Great Britain and Ireland united, but Ireland retained its own courts.
  • 1921: Most of Ireland became independent, while Northern Ireland remained part of the UK but kept a different court system.
• These legal jurisdictions are:

  1. England and Wales
  2. Scotland
  3. Northern Ireland
• England and Wales

  • They share a common law legal system, meaning that criminal and civil laws are developed through judicial decisions (precedents).
  • This system is known as judicial precedent.
  • Wales has an Assembly, allowing it to amend UK laws for Wales, but it still shares legal jurisdiction with England.
• The Welsh Assembly

  • Established in 1999 after a referendum.
  • Composed of 60 members:
  • 40 elected through the first-past-the-post system.
  • 20 through a proportional representation system.
  • It has authority over 20 devolved areas, allowing it to make laws in areas like education, health, and housing.
• Scotland

  • Has its own legal system based on Roman law.
  • It practices Scots law, which is separate from the rest of the UK.
  • Similar areas of law: Employment law.
  • Key differences:
  • Property law and criminal law differ significantly.
  • Criminal trials allow a ‘not proven’ verdict in addition to ‘guilty’ and ‘not guilty’.
  • The UK Supreme Court is the highest court for Scottish appeals.
• Northern Ireland

  • Has its own Assembly, which passes laws enforced by its own court system.
  • Legal system is based on common law, with influences from Irish common law before Northern Ireland joined the UK.
  • It has:
  • Laws passed by the UK Parliament.
  • Laws passed by the Irish Parliament before 1801.
  • Not all UK laws apply in Northern Ireland due to its historical and religious background.
  • Example: The UK Abortion Act 1967 does not apply in Northern Ireland.