Introduction
I will set about answering the question by firstly describing what law is. I will also briefly mention the law making bodies and classifications of law.
Law Making
To be able to answer the question, I will need to describe how laws are made. There are three potential aspects to the construction of a law.
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Parliament
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Parliament is considered the supreme law maker in the United Kingdom. The construction of a law is dealt with by the House of Commons and House of Lords. A law passed in Parliament is referred to as either an Act, or less commonly a Statue. Where Parliament does not have the relevant knowledge or time, then laws are passed by other bodies. This process is called subordinate legislation.
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Courts
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Courts are the interaction between a person and the law. They listen to the evidence of a case and then interpret how this complies with the wording of the law. When they rule a decision, their precedent becomes Common Law, which is then followed by other courts. If the wording of law is not clear, there is not time or sufficient resources for the court to ask for clarification from Parliament. Therefore, the court has to interpret the meaning of the law. This ruling creates statutory interpretation.
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Other Sources
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Along with bodies based in the United Kingdom, the European Union (EU), of which membership was granted in 1973, also has law making powers over the constitution. Membership requires the United Kingdom to conform to the European Union and in addition to the European Convention for Human Rights (ECHR).
Classification
Laws are classified under two headings and then into two subcategories.
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Criminal And Civil
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Criminal and Civil classification forms the basis of law in the United Kingdom and these classifications determines the resolution of the dispute.
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Public And Private
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Public and Private law are a different type of classification and constitute laws which govern Parliament and society.
Part B
Law is “a set of rules created by the state that forms a framework to ensure a peaceful society. If the rules are broken they can be enforced by mechanisms created by the state and sanctions imposed.” There are three main sources of law in the United Kingdom (UK) that will be looked at, these being Parliament, judicial precedence in court and the European Union (EU). Law is also classified into two categories and four subheadings, being criminal, civil, public and private.
UK Parliament is considered the supreme law maker. It has the ability to make any law deemed suitable and conversely, can also remove laws. An Act of Parliament begins as a bill. This proposal is then debated and discussed within the separate Houses of Parliament and amendments made. Once both Houses agree on the text of a bill, it then goes for royal assent, after which it becomes an Act. The Parliament Act of 1949 made changes to the process giving the House of Commons, who are democratically elected, precedence over the House of Lords if they do not agree on a bill. Normally a public bill is the beginnings of an Act, however a Private Member’s bill may provide the impetus for a new Public bill, such as the case of the Abortion Act 1967. Where Parliament lacks technical or local knowledge or time, it grants power to a person or body to make laws. These laws are known as subordinate legislation, examples of which are by-laws relating to Local Authorities.
Courts of law use an Act as a mechanism of the state to ensure a peaceful society and to impose sanctions. When a case goes to court, they are either dealing with a civil or criminal case. In a criminal case, the court has to rule beyond reasonable doubt for a verdict, in a civil case it is proven on the balance of probabilities. When a court comes to a decision, the judge interprets how the law applies to the facts of the case and this judgement sets a judicial precedent. If there are some doubts as to the wording of an Act, then it is up to the judge to determine its intentions. This was demonstrated in the case of Adler vs George [1964] when the interpretation of “in the vicinity” was questioned. Because of this ruling of statutory interpretation, the meaning of “in the vicinity” is now defined and this decision has formed part of common law.
The UK became a member of the EU in 1973. The EU is a source of law in such matters as consumer protection, employment protection, and trade and company law. When the EU passes a law, it is regarded as supreme and UK law cannot conflict. EU passes regulations or directives. Regulations are effective immediately as law in the UK. Directives are issued instructions for the UK to create laws in specific areas. The European Convention on Human Rights (ECHR) is a separate source of law which is there for the protection of individual rights. Once a UK citizen has exhausted all possible remedies in the UK, they can apply to the European Court of Human Rights. The Human Rights Act 1998 was created to ensure that all legislation is created and read in a compatible way to the ECHR.
Laws are classified as either criminal or civil, or, public or private. Criminal law is there to protect society and administer punishment for this proven guilty beyond reasonable doubt. Criminal cases are brought by the Crown Prosecution Service (CPS) on behalf of the state. A criminal case is read as defendant
Updated 16 March 2026
This article was written prior to the United Kingdom’s withdrawal from the European Union and contains significant inaccuracies as a result. The UK formally left the EU on 31 January 2020, and the transition period ended on 31 December 2020. EU law is no longer a source of UK law in the manner described. The European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, converted existing EU-derived law into domestic law (now termed “retained EU law”), and the Retained EU Law (Revocation and Reform) Act 2023 further altered its status. Accordingly, the statements that EU law is “supreme” and that UK law cannot conflict with it, that EU regulations are effective immediately as law in the UK, and that directives require the UK to legislate in specific areas, no longer reflect the current legal position. The relationship with EU law described in this article applied only while the UK remained a member state.
The article’s treatment of the European Convention on Human Rights (ECHR) requires clarification: the ECHR is a Council of Europe instrument, entirely separate from the EU, and the UK remains a signatory. The Human Rights Act 1998 remains in force, though reform has been discussed. The Rights and Responsibilities Bill proposed under earlier governments did not proceed; the Strikes (Minimum Service Levels) Act 2023 and other recent legislation have been subject to ECHR compatibility debate, but the HRA 1998 itself has not been repealed.
The remainder of the article — covering parliamentary sovereignty, the legislative process, subordinate legislation, the Parliament Acts, judicial precedent, statutory interpretation, and the criminal/civil distinction — reflects established constitutional and legal principles that remain broadly accurate, subject to the EU-related corrections above. The case of Adler v George [1964] 2 QB 7 remains a valid illustration of the literal and purposive approaches to statutory interpretation.
