English law, the law of England and Wales (but not Scotland and Northern Ireland), also known generally as the common law (as opposed to civil law), was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the British withdrew or were expelled, to form the basis of the jurisprudence of many of those countries. English law prior to the revolution is still part of American law, and provides the basis for many American legal traditions and policies. Scotland (Alba in Scottish Gaelic) is a country in northwest Europe, occupying the northern third of the island of Great Britain. ... Northern Ireland is one of four constituent parts of the United Kingdom. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law is a legal system derived from Roman law and commonly used in Europe. ... Flag of the Commonwealth of Nations The Commonwealth of Nations is an association of independent sovereign states, most of which are former colonies once governed by the United Kingdom as part of the British Empire. ... The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... Jurisprudence is the scientific and historic study of law, inclusive of: Legal history, including legal historiography and hermeneutics; Legal philosophy; Legal science, e. ... The law of the United States is derived from the common law of England, which was in force at the time of the Revolutionary War. ...

Actually part of the English legal system has always been considered to be based upon the civil law, (although it has little to do with it), namely the ecclesiastical courts and the courts of admiralty. An ecclesiastical court (also called Court Christian) is any of certain courts having jurisdiction mainly in spiritual or religious matters. ...

The essence of common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the fact before them. Because common law consisted of using what had gone before as a guide, common law places great emphasis on precedents. Thus a decision of the highest court in England and Wales, the House of Lords (the judicial members of which are referred to as Law Lords) is binding on every other court in the hierarchy, and they will follow its directions. A judge or justice is an appointed or elected official who presides over a court. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ...

Precedent continues to be applied across both civil and criminal law to this day allowing for decisions made in one Court regarding a set of facts and their interpretation in law to be applied to like circumstances in the future.

It is also for this reason that there is no Act of Parliament (the normal method for creating laws in the UK) making murder illegal. It is still a common law crime - so although there is no written Act passed by Parliament making murder illegal, it is illegal by virtue of the constitutional authority of the courts and their previous decisions. Common law can be amended or repealed by Parliament, for example, murder carries a mandatory life sentence today, but had previously allowed the death penalty. In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... Capital punishment, also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime. ...

However, while England and Wales retains the common law the UK is part of the European Union and European Union Law is effective in the UK. The European Union consists mainly of countries which use civil law and so the civil law system is also in England in this form, and the European Court of Justice, a predominantly civil law court, can direct UK courts on the meaning of EU law. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The European Union is unique among international organisations in having a complex and highly developed system of internal law which has direct effect within the legal systems of its member states. ... Civil law is a legal system derived from Roman law and commonly used in Europe. ... The European Court of Justice (ECJ) is formally known as the Court of Justice of the European Communities, i. ...

The oldest law currently in force is the Distress Act, 1267, part of the Statute of Marlborough, (52 Hen. 3). Three sections of Magna Carta, originally signed in 1215 and a landmark in the development of English law, are still extant, but they date to the reissuing of the law in 1297. The Statute of Marlborough (52 Hen 3) was a law passed by King Henry III of England in 1267. ... Magna Carta placed certain checks on the absolute power of the English Monarchs. ...

Many jurisdictions which were formerly subject to English law (such as Hong Kong) continue to recognize the common law of England as their own - subject, of course, to statutory modification and judicial revision - and decisions from the English Reports continue to be cited from time to time as persuasive authority in present day judicial opinions.

See also

• Scots law