SQE1 manual series: why you should study the legal system of England and Wales

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This LCN Says is part of a series looking at The University of Law’s (ULaw) Solicitors Qualifying Exam (SQE) manuals that have been specifically designed to support law students in their SQE1 exams. This LCN Says will look at what students can expect to learn in the Legal system of England and Wales manual.

What is a legal system?

The legal system is not a thing of pleasure, nor does it exist for unlimited enjoyment. This is because it involves mandatory choices for a fair and democratic society. There are examples of the legal systems around the world such as the US constitution and China’s Legal Information Centre. Another example is the UK’s uncodified constitution which exists in several sources like the Magna Carta, Statutes and Acts of Parliament, Judicial decisions (the right to freedom of speech is a right because of a judicial decision that granted this), common law and conventions.

Interested in human rights? Read this solicitor’s practice profile and this barrister’s practice profile on civil liberties and human rights.

A legal system means different things to different people. For example, to a judge it represents the ability to resolve differences within society but to a scientist, it could just be a means of enabling and protecting scientific research.

However, to an ordinary member of society like you and me, the legal system simply exists to protect our 16 basic rights outlined in the Human Rights Act (1998). Seeing how people in third world countries have their human rights violated daily makes us appreciate our legal system more because without it, there would be anarchy and chaos.

Interested in being a human rights barrister? Read The Oracle’s advice.

Components of a legal system

There are common elements for a legal system, which include but are not limited to:

• the existence of a constitution;
• a relationship between central and local government;
• the leadership of a dominant body of people who set the agenda and control the levers of power;
• the influence of geography, military events, and neighbouring states;
• invariably the impact of religion;
• elements of the popular will;
• grassroots activities including leisure, trade and travel; and the
• growth of technology.

The rule of law

In his book The rule of law, Lord Bingham outlines eight principles that he saw as being the key ingredients necessary to support that aim.

The eight principles are:

1. The law must be accessible, intelligible, clear and predictable.
2. Questions of legal right and liability should ordinarily be resolved by the exercise of the law and not the exercise of discretion.
3. Laws should apply equally to all.
4. Ministers and public officials must exercise the powers conferred in good faith, fairly, for the purposes for which they were conferred – reasonably and without exceeding the limits of such powers.
5. The law must afford adequate protection of fundamental Human Rights.
6. The state must provide a way of resolving disputes which the parties cannot themselves resolve.
7. The adjudicative procedures provided by the state should be fair.
8. The rule of law requires compliance by the state with its obligations in international and national laws.

If you're interested in other areas of law, you can read:

• ‘SQE manual series: why you should study contract law’;
• ‘SQE1 manual series: why you should study criminal law‘;
• ‘SQE1 manual series: why you should study tort law‘; and
• ‘SQE1 manual series: why you should study ethics and professional conduct.'

Find out more about ULaw’s SQE1 courses.

Read the latest information about what is happening with the SQE via our SQE hub.

Christianah Babajide (she/her) is the content and engagement coordinator at LawCareers.Net.