Britain: An official handbook > 1977

4 Justice and the Law
Sources of Law
Branches of the
Law
THE LAW
Although the United Kingdom is a unitary State, it does not have a single body
of law applicable universally within its limits. England and Wales on the one
hand and Scotland on the other have their own distinctive legal systems and
law courts. Common opinions on broader issues, and a common final court of
appeal in civil matters have resulted in substantial identity on many points, but
considerable differences remain in law and in procedure and practice. In
Northern Ireland legal procedure and practice have for centuries closely
resembled those of England and Wales but there are often differences in
enacted law. However, a large volume of modern legislation, particularly in the
social field, applies throughout the United Kingdom.
The main sources of law in the United Kingdom are legislation, common law
and European Community law. Legislation consists of laws made by or under
the authority of Parliament and may be Acts of Parliament; ‘delegated legisla¬
tion’—orders, rules and regulations made by ministers under the authority of
an Act of Parliament; or by-laws made by local government or other authorities
exercising powers conferred upon them by Parliament. Common law is the
ancient law of the land as deduced from custom and interpreted by the judges.
Generally speaking it has never been precisely defined or codified but forms the
basis of the law other than where it has been superseded by legislation.
Community law (see p. 75), which arises out of the United Kingdom’s
membership of the European Community, is largely confined in impact to
economic and certain social matters. It stands alongside both domestic legisla¬
tion and the common law and in the event of conflict takes precedence over
them. The law is normally applied by the domestic courts, but the most
authoritative rulings are given by the European Court of Justice (see p. 75)*
A feature common to the domestic legal systems of the United Kingdom is the
distinction made between the criminal law and the civil law. The criminal law
is concerned with wrongs against the community as a whole while civil law is
concerned with the rights, duties and obligations of individual members of
society between themselves.
CRIMINAL JUSTICE
Four distinct stages are involved in the British system of criminal justice: the
enactment of criminal legislation which, for instance, defines prohibited acts,
establishes criminal courts and provides for the treatment of offenders; the
prevention of crime and the enforcement of the law—largely matters for the
police service; the determination by the courts of the guilt or innocence of
people accused of crimes and the selection of appropriate sentences for the
guilty; and the treatment of convicted offenders, both within the com¬
munity and within prisons and other custodial centres.