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Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

Selected article

Surrounded by Gothic architecture and enclosed in a pointed arch is a pair of wooden doors, the entrance to the court.

The County Court of England and Wales dates back to the County Courts Act 1846 (9 & 10 Vict. c. 95), which received royal assent on 28 August 1846 and was brought into force on 15 March 1847.

England and Wales (with the exception of the City of London, which was outside the scope of the Act) were divided into 60 circuits, with a total of 491 county courts within these circuits. The then Lord Chancellor, Lord Cottenham, wanted everyone to be within seven miles of a court, and the final scheme came close to that aim. One county court judge was appointed to each circuit, assisted by one or more registrars with some limited judicial powers, and would travel between the courts in his area as necessary, sitting in each court at least once a month. Few permanent courts were needed initially, given the infrequency of court hearings, and temporary accommodation such as a town hall would often be used where there was no existing courthouse for use. In some places, a building is now shared with the Crown Court (as at Maidstone Combined Court Centre, for example), the Family Court, or a magistrates' court. The judicial business of the County Court is now carried out by circuit judges (a term introduced by the Courts Act 1971) and district judges (as the post of registrar was renamed by section 74 of the Courts and Legal Services Act 1990). Part-time judges (recorders, deputy district judges and some retired judges) also sit in the county court. As at 1 April 2015, there are 640 circuit judges and 441 district judges.

The system of 60 circuits was abolished in 1970. Over time, whilst new courts have been opened in various locations, there has been an overall reduction in the number of locations where a county court is held. In June 2010, the Ministry of Justice announced plans to close 54 county courts and 103 magistrates' courts, in order to save £15m in annual running costs and £22m in necessary maintenance. After consultation, it was decided to keep five of these county courts open: Barnsley, Bury, Llangefni, the Mayor's and City of London Court, and Skipton. From 22 April 2014, the Crime and Courts Act 2013 replaced the previous system of county courts for different localities with one County Court that operates throughout England and Wales, sitting in multiple locations simultaneously. In July 2015, further proposals to close nineteen County Court venues were announced. (Full article...)

Selected biography

Alfred Thompson Denning, Baron Denning, OM, PC, DL (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords.

Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls, Lord Bingham, called him "the best known and best loved judge in our history". Denning's appellate work in the Court of Appeal did not concern criminal law. Mark Garnett and Richard Weight argue that Denning was a conservative Christian who "remained popular with morally conservative Britons who were dismayed at the postwar rise in crime and who, like him, believed that the duties of the individual were being forgotten in the clamour for rights. He had a more punitive than redemptive view of criminal justice, as a result of which he was a vocal supporter of corporal and capital punishment." However, he changed his stance on capital punishment in later life.

Denning became one of the highest profile judges in England in part because of his report on the Profumo affair. He was known for his bold judgments running counter to the law at the time. During his 38-year career as a judge, he made large changes to the common law, particularly while in the Court of Appeal, and although some of his decisions were overturned by the House of Lords several of them were confirmed by Parliament, which passed statutes in line with his judgments. Appreciated for his role as "the people's judge" and his support for the individual, Denning attracted attention for his occasionally flexible attitude to the common law principle of precedent. He commented controversially about the Birmingham Six and Guildford Four. (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


The Territorial and Reserve Forces Act 1907 (7 Edw. 7. c. 9) was an Act of the Parliament of the United Kingdom that reformed the auxiliary forces of the British Army by transferring existing Volunteer and Yeomanry units into a new Territorial Force (TF); and disbanding the Militia to form a new Special Reserve of the Regular Army. This reorganisation formed a major part of the Haldane Reforms, named after the creator of the Act, Richard Haldane.

The lessons learned during the South African War of 1899-1902 had reinforced the idea that the Regular Army was not capable of fighting a prolonged full-scale war without significant assistance; almost all regular units in the United Kingdom had been deployed overseas within four months of the outbreak of hostilities. Furthermore, by the end of the first year of fighting, the Regular Reserve and the Militia Reserve had been entirely exhausted. (Regular reservists were members of the Regular Army who had retired from the active-duty portion of their service but remained available for the callout. The Militia Reserve was a pool of individuals within the Militia, who accepted an overseas service liability). There had been no thought before the war about the wider use of auxiliary forces overseas; in the event, volunteers had been used on an ad-hoc basis, and a new auxiliary arm (the Imperial Yeomanry) was formed to provide specialist troops, but it was clear that a more effective system was required in future. A number of attempts at reform under the Conservative government of 1901-1905 had failed to make any lasting changes to the system and left the auxiliary forces disorganised and demoralised.

Despite his efforts, several groups vocally opposed his approach: first, the National Service League, led by Field Marshal Lord Roberts, and backed by retired senior officers and some Conservative MPs. They argued that auxiliary forces would be ineffective against Continental armies, even, at one point, enlisting the support of the king. At the same time, the Labour Party members generally opposed any increase in military strength. Further opposition came from protagonists of the existing system, especially the militia. In the face of all these forces, Haldane made a series of last-minute changes to the bill when he presented it in March 1907, including restricting compulsory service to Home defence only. Nevertheless, the structure remained much larger than was likely to be necessary for home defence and included all the supporting arms and services for the planned fourteen full divisions and he commented that 'they could go abroad if they wish.' The bill was put before the Commons on 4 March, then debated in late March and throughout April, where it received prolific but disorganised opposition, mainly from partisans of the existing system. It had its third reading in June, passing with a comfortable majority, and received the Royal Assent in August; the Act became effective immediately, though the bulk of its reforms were scheduled to begin on 1 April 1908. (Full article...)

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Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


An aerial photograph of Diego Garcia

R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.

In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal. Bancoult sought a writ of certiorari on the grounds that the ordinance was ultra vires ("beyond power" – that is, that the ordinance had been made without legal authority), a claim upheld by both the Divisional Court and the Court of Appeal. In response, Robin Cook, the Foreign Secretary, repealed the 1971 ordinance and announced he would not appeal against the decision, allowing the Chagossians to return home.

In 2004, an Order in Council, the British Indian Ocean Territory (Constitution) Order 2004, was produced, again reinstating the off-limits nature of the Chagos Islands. Bancoult brought a second case, arguing that this Order was again ultra vires and unreasonable, and that the British government had violated legitimate expectation by passing the second Order after giving the impression that the Chagossians were free to return home.

The new Order was again struck down by the Divisional Court and Court of Appeal before proceeding to the House of Lords where it was heard by Lords Hoffmann, Bingham, Rodger, Carswell and Mance between 30 June and 3 July 2008. In their judgment, issued on 22 October 2008, the Lords decided by a 3–2 majority to uphold the new Order in Council, stating that it was valid and, although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so. In addition, Cook's statement had not been clear and unambiguous enough to provide legitimate expectation. (Full article...)

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