Understanding English Law: Sources and Classification

Classifying English Law

English law is broadly classified into public law and private law. Public law governs the relationship between citizens and the State (the Crown). It encompasses areas such as constitutional law, administrative law, and criminal law. Private law, also known as civil law, defines the rights and obligations of citizens in their interactions with each other.

Sources of English Law

The term "sources of English law" can be understood in three ways:

• Historical Roots: The foundational origins of law from a purely historical perspective.
• Repository of Law: The places where laws and jurisprudence can be located and examined.
• Law-Creating Institutions: The bodies responsible for creating law.

Historical Sources

Historically, early influences on English law include Roman Law and Canon Law. The primary historical sources of English law are the common law and equity.

Repositories for Legal Consultation

For consultation, key resources include the "Book of Acts of Parliament" (The Statute Book) and "Law Reports" (Law Reports). The Statute Book contains all legislation passed by Parliament. The Law Reports, published by The Incorporated Council of Law Reporting, document major judicial decisions, focusing on significant cases (leading cases) selected by the Council.

Institutions Creating Law

Institutions that establish law include:

• Parliament: The primary source of positive law, creating legislation through parliamentary proceedings (acts) or statutes (statutes). Parliament holds ultimate legislative power, with the authority to pass and repeal laws of any rank, making it completely sovereign. Laws are published by Her Majesty's Stationery Office.
• The Judiciary: Judges create law through decisions made during the administration of justice, forming what is known as common law or case law.
• Government and Public Authorities: These bodies develop law through legislative instruments, such as statutory instruments.