The British legal system has evolved over many centuries, incorporating influences from the Romans, Normans, and other groups. Key developments include the Magna Carta in 1215 establishing due process rights, the English Civil War in 1651 increasing Parliament's power over the monarchy, and the formation of the Supreme Court in 2009 replacing the House of Lords as the highest court. The legal profession also took shape between the 17th-18th centuries, adopting traditions like powdered wigs that remain part of formal court attire today. Over time, the British legal system has adapted while retaining influences from its long history.
1. British Legal System Timeline
Celtic Britain
Before the Roman conquest, Britain was divided into many small nations and tribes. The
law of these places would be kept by the local rulers or holy men such as druids. Many
were superstitious and actions such as trial by combat were used, if the accused won it
was seen that the gods were showing him innocent by his victory. Laws were passed by
word of mouth and very cultural rather than there being any set system of law as we
know it.
600AD
During this time Britain is largely controlled by Rome. The Romans are considered the
founders of law and many of the expressions we use today come from them. They would
have a Senate who would create laws that would affect the Empire and order was kept by
the local governors and prefects who would enforce law and pass out punishment.
1066
Britain is conquered by the Normans who bring many new laws and customs to the
country. One of the most important is the idea of land and property. They create the
‘Doomsday Book’ a record of who and what is owned by everyone in the country. During
this time, although the King and Treasury were in London, the courts of the country and
the “Sheriffs” would travel around, staying wherever they thought was suitable at the
time. In time the judges were given routes they must follow; even today we often refer to
some judges as ‘circuit judges’. The time when a judge would be in town was often
known as ‘assize’ and the judge would go through the jails sentencing people. It could be
that a suspect would have to wait in prison for months until the next assize to find out if
he was guilty or innocent.
1215
The nobles of England force the King to sign the ‘Magna Carta’ or ‘Great Charter’. This
was a document which took power from the King and gave some of it to the nobles and
people. It meant that if the King broke the law he could be held accountable to his people.
The most important aspect of the document was the right to due process; that no innocent
man may be condemned without fair trial by his peers.
1533
Henry VIII forms the Church of England, dissolving the Catholic church and severing the
country's ties with The Pope. This gives the King huge amounts of power and control in a
country which had always seen the King as below the Pope and a church which carries
equal weight with the state.
1651
The English Civil War replaces the King and makes Parliament all powerful. Although
King Charles II eventually restores the monarchy it is recognised now that it is
Parliament and not the crown which runs the country.
2. 17th and 18th Centuries
The legal profession as we know it takes shape. The legal profession has long been in
possession of certain lands in London which it has claimed since the collapse of the
Knights Templar a few hundred years before. The fashion of wearing powdered wigs
takes off and is retained by the courts even when the rest of the country stops. Similarly
the tradition of wearing black after the death of various monarchs such as Charles II
remains . At this point Barristers are the dominant legal professionals; very few people
are solicitors who are seen as a lower class of lawyer.
1840
Courts of Equity and Common law combined. Equity will continue to be a headache for
law students and professionals , despite the decline of the form of law.
19th and 20th centuries
Due to dramatic changes in the world and recent conflicts including two world wars, the
British Empire breaks apart. In its time over 100 countries including Canada, Australia,
Hong Kong and South Africa were ruled by the UK and continue to use similar legal
systems. 52 countries exist even today in the commonwealth, a collection of countries
with similar institutions and values.
1949
Legal Aid and Advice Act makes funding available for individuals to pursue claims in
court paid for by the state. This is not an automatic right but goes a long way to making
justice widely available.
1973
Britain Joins the European Union. In doing so it surrenders Parliamentary sovereignty to
Brussels which basically means that in certain areas the UK must follow the laws of the
EU or leave the Union.
2005
Role of Lord Chancellor changed to Secretary of State for Justice, transferring the role
from a Lords' to Commons' position.
2009
The House of Lords ceases to exist as a Court and is replaced with the Supreme court
which is the same in all but name.