Law and the Judiciary
English law is common law. This is based largely on precedent and custom, and less on legislation (which civil law is based on). Although common law has its origins in Anglo-Saxon England, the legal system was revised under Henry II and Edward I, and has hardly changed since!
It is quite standard political theory that the judiciary should be independent of the other two branches of government. The main reason for an independent judiciary is obvious: you can't have someone making a law and punishing you for not adhering to it (see Crazy Dictators for those who do such things). In England, this doesn't quite work, and the Lord Chancellor is a member of all three branches - executive, legislative and judicial. In fact, as you can see below, Parliament is the highest court in the land - it is the greatest interpreter of the law, as well as the greatest maker of laws. (Even so, I'd posit that our legal system works in a less political way than, say, the United States'.)
Judges
A new system is being introduced.
http://www.dca.gov.uk/judicial/appointments/jappinfr.htm
The English legal system
| Criminal |
House of Lords (Lord Chancellor; Law Lords) |
Civil |
| Court of Appeal | ||
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High Court, split into various divisions, including: Administrative, Admiralty, Chancery, Commercial, Technology & Construction, Family, Queen's Bench |
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| Crown Court | County Courts | |
| Magistrates' Courts | Tribunals |
For a more detailed version, see here.
Scots law is different from English law, and is a mixture of common and civil law. Don't ask me how it works, though - my Scots forebears were literary, not legal.
The Scots Legal System
| Criminal |
House of Lords (Lord Advocate; Law Lords) |
Civil |
| High Court of Justiciary | Court of Session | |
| Sheriffs' Courts | District Courts |
Links