Law of the United Kingdom
Although Scotland and Northern Ireland form part of the United Kingdom and share Westminster as a primary legislature, they have separate legal systems.
"United Kingdom" means Great Britain and Northern Ireland and their adjacent territorial waters, but not the Isle of Man, nor the Channel Islands, whose independent status was discussed in Rover International Ltd. v Canon Film Sales Ltd. (1987)[9] and Chloride Industrial Batteries Ltd. v F. & W. Freight Ltd.
The first schedule of the Interpretation Act 1978, defines the following terms: "British Islands", "England", and "United Kingdom".
The High Court may also quash on judicial review both administrative decisions of the Government and delegated legislation.
Since the formation of the Kingdom of Great Britain under the 1707 Acts of Union, Scots law has shared a legislature with England and Wales.
While each retained fundamentally different legal systems, the 1707 Union brought English and Welsh influence upon Scots law, and vice versa.
Under the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2020 following the withdrawal of the United Kingdom from the European Union in 2020[15] it is required that devolved Scots law has to stay in alignment with future EU law despite the virtue of no longer being a member state.
[20] In very rare circumstances, the High Court of Justiciary can create new criminal offences without reference to Parliament, using its declaratory power to do so.
[25] The King-in-Parliament is, according to the doctrine of parliamentary sovereignty, completely sovereign with the power to make and unmake any law other than to bind itself.
It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive.
The latest incarnation of the Assembly was established under the Good Friday Agreement of 1998, an accord aimed at bringing an end to Northern Ireland's violent 30-year Troubles.
[29] 73 MSPs represent individual geographical constituencies elected by the plurality voting system ("first past the post").
40 MSs represent individual geographical constituencies elected by the plurality voting system ("first past the post").
They consist of a mix of republics (for example Ireland and India) and local monarchies (for example Kuwait and Brunei) with no relationship to the royal House of Windsor.
The Royal Proclamation of 1763 explicitly applied English Common Law to all British overseas colonies, and affirmed some degree of local law-making.
The American Revolutionary War resulted in a unilateral separation recognized by the Peace of Paris (1783), but the English system continued to be used as the basis for court decisions.
Commonwealth realms, for example Australia, are former colonies that are now sovereign states fully independent of the UK parliament.
King Charles III remains the constitutional monarch of each realm in its own right, and retains a limited set of powers (royal prerogative) to be exercised either personally or through a local viceroy.
Adjudication of these appeals is delegated to Judicial Committee of the Privy Council, which draws judges from the UK and across the Commonwealth.
In some countries, a domestic council performs this function, namely: Similar to other former colonies, Commonwealth realms also share a common legal history with the UK.
[32] The Channel Islands are held by the British Monarch by virtue of inheriting the feudal title of Duke of Normandy.
The Isle of Man is held by the British Monarch by virtue of inheriting the feudal title of Lord of Mann.
It was previously ruled by Norway, England, and Scotland, before the feudal rights were purchased from Scottish dukes, after English-Scottish unification, by the United Kingdom in 1765.
Due to local opposition, it was never merged into England as previously planned, and remains a distinct possession of the monarchy.
The UK parliament generally acts in consultation or gains the consent of the local government when passing laws that have effect in the dependencies.
This constitutional arrangement was tested when the Isle of Man, supply base for Radio Caroline, rejected the Marine, &c., Broadcasting (Offences) Act 1967, but the legislation was extended to the island anyway by an Order in Council.
[34] For centuries, UK laws have been considered to override local legislation, but since the 1980s, the Manx Staff of Government Division have asserted the two are co-equal.
Though not considered internal to the boundaries of United Kingdom, the UK maintains control over British Overseas Territories.
Three of the BOT are uninhabited, and Akrotiri and Dhekelia is military property; in these places, the UK government rules directly and on all matters.
The inhabited territories each have their own legal system, based largely on English common law, with autonomy varying considerably with the size of the population.
