English Law and Its Characteristics

‘English Law’ means the law of England. England for these purposes includes Wales. English Law, as such, has certain distinguishing characteristics:

Antiquity and Continuity 

English law shows continuous growth from the earliest period of our national independence. There has been no violent or revolutionary break in its history since the Anglo-Saxon laws of Ethelbert, King of Kent in A.D.560. However, the Anglo-Saxon detail is so scarce that the Norman Conquest affords the best starting point.

Uncodified 

English law, unlike the law of Continental countries, is not codified. Certain topics in English law, have been codified (e.g. Sales of Goods, Company Law) but in general the law is Uncodified and is, therefore, flexible.

Judicial Character 

A consequence of the uncodified nature of our law is its judicial character. The factor is particularly significant and the role played by the judiciary in the development of our legal system will become evident as your studies progress.

Influence of Procedure

The influence of procedure on the development of our law is still evidenced today in the nature of our substantive law. Litigation in the royal courts had to be commenced by one of a limited number of writs. The sum total of the law was thus to be found at any given time in the sum total of authorised writs or forms of action. Conversely, no writ, no right! Although the forms of action were finally abolished by the Common Law Procedure Act 1852 our substantive law still reflects them, for in the four corners of the writs were to be found the body of common law rights.

Feudal Survivals

English law still contains some feudal elements. These were especially prevalent in the area of land law where, despite reforms of 1925, a few are still to be found (e.g. the theory that the Monarch is the ultimate lord of all England).

No Reception of Roman law

There has been no reception of Roman law, as such, although some areas of English Law do evidence Roman influence, e.g. contracts and administration and, indirectly, wills and family law.

Independence of the Judiciary 

Based on the Act of Settlement 1701 this independence is reinforced by tradition, convention and practice. Closely associated with this is the independence of the legal profession and the private nature of law reporting.

English Law is Common Law

Finally, English Law is Common Law – one law throughout the country.