Foundations of Law

The Legal Consequences of Brexit: Retained EU Law, Assimilated Law, and Legal Continuity Introduction Brexit did not mean that the entire body of European Union-derived law suddenly disappeared from the United Kingdom’s legal system. That would have created enormous legal uncertainty. For decades, EU law had influenced almost every major Read more

The Sources of English Law: Legislation, Common Law, Equity, and Custom Introduction Every legal system must answer a fundamental question: Where does the law come from? When a person asks what the law of England and Wales actually is, the answer cannot be reduced to a single book, statute, or Read more

The Doctrine of Judicial Precedent in England and Wales: Ratio Decidendi and Obiter Dicta The doctrine of judicial precedent is one of the defining characteristics of the legal system of England and Wales. It is closely connected with the history of the common law. As royal courts became more organised Read more

The Development of Equity: The Court of Chancery and the Fusion of Legal Remedies The development of equity is one of the most distinctive chapters in the history of English law. It arose from a practical problem within the common-law system: what happens when the ordinary rules and procedures of Read more

The Legal System of England and Wales: Structure, Sources, and Fundamental Principles Introduction The legal system of England and Wales is one of the world’s oldest continuously developing legal systems and one of the principal historical sources of the modern common law tradition. Its influence extends far beyond the territory Read more