What is a Legal System: A legal system is a structured framework for interpreting, enforcing laws, regulating civil conduct, and adjudicating disputes. It includes:

 

• Laws – Codified rules dictating acceptable behaviour.
• Regulations – Detailed instructions for law implementation.
• Courts – Institutions interpreting and enforcing laws.
• Law Enforcement – Agencies ensuring compliance (e.g., police).
• Legal Professionals – Judges, lawyers, prosecutors, and paralegals.
• Legal Traditions:
  • Common Law – Based on judicial precedent.
  • Civil Law – Based on codified statute. 
  • Religious Law – Derived from religious texts 
  • Customary Law – Rooted in traditional practices.
• Principles of Justice – Includes presumption of innocence, fair trial rights.
• Processes & Procedures – Legislation, litigation, mediation, arbitration.
• Institutions – Regulatory bodies, legal aid services, advisory committees.

 

What is Legislation: Legislation refers to the process of enacting laws through a structured procedure.

 

The UK legal system consists of several key components, including:

 

Sources of Law

• Legislation (Statute Law) – Laws made by Parliament, including Acts of Parliament and delegated legislation.
• Common Law (Case Law) – Laws developed through judicial decisions and legal precedents.
• European Law (Retained EU Law) – Some EU laws still apply post-Brexit, though they can be amended or repealed by the UK government.
• International Law – Treaties and agreements that the UK has signed, which may influence domestic law.

 

Types of Law

• Criminal Law – Deals with crimes against the state, enforced by the police and prosecuted in criminal courts.
• Civil Law – Governs disputes between individuals or organizations, such as contract law, family law, and tort law.
• Public Law – Includes constitutional and administrative law, governing the relationship between individuals and the state.

 

Court System

• Supreme Court – The highest court in the UK for civil and criminal cases.
• Court of Appeal – Reviews cases from lower courts in civil and criminal matters.
• High Court – Handles complex civil cases and appeals from lower courts.
• Crown Court – Deals with serious criminal cases and appeals from magistrates' courts.
• Magistrates' Court – Handles minor criminal cases and some civil matters.
• County Court – Deals with civil disputes like debt recovery and personal injury claims.
• Tribunals – Handle specific areas like employment disputes, immigration, and tax cases.

 

Legal Professionals

• Judges – Interpret and apply the law in courts.
• Solicitors – Provide legal advice, draft documents, and may represent clients in lower courts.
• Barristers – Specialize in advocacy and represent clients in higher courts.
• Legal Executives – Handle specific legal matters, often working in law firms.

 

Law Enforcement

• Police – Investigate crimes, enforce the law, and maintain public order.
• Crown Prosecution Service (CPS) – Decides whether to prosecute criminal cases in England and Wales.
• Other Regulatory Bodies – Such as the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA), enforce specific areas of law.

Devolved Legal Systems

The UK has different legal systems for its constituent countries:

• England and Wales – Share a common legal system.
• Scotland – Has its own distinct legal system with unique laws and courts.
• Northern Ireland – Has its own legal system like, but separate from, that of England and Wales.

 

Secondary Legislation

 

Secondary or delegated legislation is normally concerned with detailed changes of the law which were made under the powers from existing Acts of Parliament. 

Secondary legislation allows the government to make changes to laws without the need to push it through a new Act. The original Act would have had provision to allow for future delegated legislation to alter it.

 

These changes be technical such as the level of fines, however more complex alterations can be added, as acts are often drawn up using a broad framework with the content added through delegated legislation later. 

 

Statutory Instruments (SI)

Statutory instruments are a type of secondary legislation. Most of the delegation legislation is made up of statutory instruments with around 3000 issued each year.  Not all statutory instruments are considered before Parliament but become law on a specified future date.

Separation of Powers

 

In the UK, the separation of powers refers to the principle that the powers of government should be divided into distinct branches, each with its own roles and functions to prevent any one branch from becoming too powerful. While the UK has a system that reflects the idea of separation of powers, it is not as rigid as in some other countries like the United States, due to the UK's unique constitutional framework. The three main branches are:

 

1. The Executive

The executive branch is responsible for carrying out and enforcing laws. In the UK, the executive is led by the Prime Minister and the Cabinet (the group of senior ministers). The executive is drawn from and accountable to Parliament, particularly the House of Commons. The executive is responsible for implementing policies, directing government departments, and managing foreign affairs, defense, and public services.

 

2. The Legislature

The legislative branch, or Parliament, is responsible for making, debating, and passing laws. The UK Parliament is bicameral, meaning it has two houses:

• The House of Commons: This is the elected body, where Members of Parliament (MPs) represent constituencies across the UK. The government is formed by the party or coalition with the most MPs in the Commons.
• The House of Lords: This is a largely appointed body, including life peers, bishops, and hereditary peers. The Lords review, amend, and scrutinize proposed legislation from the Commons. It is not an elected body, but it plays a significant role in law-making, offering expert opinions and challenging legislation.

The legislative branch is independent of the executive, but it holds the executive accountable, primarily through parliamentary questioning and debates. The government needs the support of Parliament to govern effectively, particularly in the Commons.

 

3. The Judiciary

The judiciary interprets and applies the law, ensuring that laws are consistent with the Constitution (as far as the UK's unwritten constitution allows). The judiciary is independent of the executive and the legislature. Key institutions include:

• The Supreme Court: The highest court in the UK, which has the authority to rule on constitutional matters and interpret laws.
• Lower courts: These include High Courts and Court of Appeals, which handle civil and criminal cases.

The judiciary's role is to ensure that the laws passed by Parliament are interpreted correctly and to protect individual rights. Judicial independence is a cornerstone of the system, ensuring that judges are free from political influence.

 

International Maritime Law and UK Implementation

 

Treaty

• An international agreement between two or more States, governed by international law.
• Can be a single document or multiple related instruments.
• Creates rights and obligations between parties.
• Often titled as conventions, protocols, or agreements.
• Most Merchant Navy treaties are conventions and protocols.

 

Convention

• A formal treaty between two or more Nation States, binding in international law.
• Example: United Nations Convention on the Law of the Sea (UNCLOS).

 

International Treaty-Making Body

• International Maritime Organization (IMO): Specialized UN agency responsible for international shipping safety, security, and pollution prevention.
• Also addresses liability, compensation, and facilitation of maritime traffic.

 

Main IMO Conventions

• SOLAS – Safety of Life at Sea
• Load Lines Convention – Regulations on ship load limits
• COLREG – Collision prevention regulations
• STCW – Standards of Training, Certification, and Watchkeeping
• MARPOL – Prevention of pollution from ships
• Tonnage Measurement Convention – Ship tonnage standards

 

Acceptance and Implementation of IMO Conventions

• Adoption: Conventions contain provisions that must be met before they enter into force.
• National Acceptance: A State expresses consent through signature subject to ratification or accession.
  • Signature subject to Ratification: Signature does not bind the State until ratified.
  • Ratification: Confirms readiness to implement the convention.
  • Accession: Process for States that did not sign initially but wish to join later.

 

National Implementation (UK)

• Any ratified treaty must be incorporated into UK legislation.
• Achieved via secondary legislation (Statutory Instruments - SI).
• Two methods:
  1. Implement the entire treaty as a schedule to an Act.
  2. Implement selected parts via secondary legislation.
• UK measures include Acts of Parliament, Statutory Instruments, and Marine (M) Notices.
• Statutory publications combine enforceable rules with interpretative guidance.