Editing English law (section)

==Principal elements==
Although the [[common law]] has, historically, been the foundation and prime source of English law, the most authoritative law is statutory [[legislation]], which comprises [[Act of Parliament|Acts of Parliament]], [[Statutory Instrument|regulations]]{{efn|English regulations are not to be confused with [[Regulation (European Union)|EU Regulations]]}} and [[by-law]]s. In the absence of any statutory law, the common law with its principle of ''[[stare decisis]]'' forms the residual source of law, based on judicial decisions, custom, and usage.<ref>[https://www.collinsdictionary.com/dictionary/english/unwritten-law Collins English Dictionary]</ref><ref>It is characteristic of the common law to adopt an approach based "on precedent, and on the development of the law incrementally and by analogy with established authorities", ''Robinson v Chief Constable of West Yorkshire Police'', Supreme Court, [http://www.bailii.org/uk/cases/UKSC/2018/4.html &#91;2018&#93; UKSC 4, para. 21]</ref>

Common law is made by sitting [[judge]]s who apply both [[United Kingdom legislation|statutory law]] and established principles which are derived from the [[Ratio decidendi|reasoning]] from [[Precedent|earlier]] [[legal case|decisions]]. [[Equity (law)|Equity]] is the other historic source of judge-made law. Common law can be amended or repealed by [[Parliament of England|Parliament]].<ref>For example, section 4 of the [[Carriage of Goods by Sea Act 1992]] repealed the rule in ''[[Grant v Norway]]'' (1851) 10 CB 665.</ref>{{efn|The old estates in land were replaced by new provisions in the [[Law of Property Act 1925|1925 property legislation]]}} 

Not being a [[Civil law (legal system)|civil law]] system, it has no comprehensive [[Codification (law)|codification]].{{efn|Two areas of commercial law, sale of goods and marine insurance, were codified into (respectively) the [[Sale of Goods Act 1979|Sale of Goods Act 1893]] and the [[Marine Insurance Act 1906]].}} However, most of its criminal law has been codified from its common law origins, in the interests both of certainty and of ease of prosecution.<ref>[https://www.gov.uk/government/publications/criminal-law-codification-of-the-criminal-law-a-report-of-the-law-commission Law Commission Report on the Codification of the Criminal Law]</ref><ref>''[[Fisher v Bell]]'' [1961] 1 QB 394</ref> For the time being, [[Murder in English law|murder]] remains a common law crime rather than a statutory offence.<ref>Law Commission Consultation Paper no. 177 - "A New Homicide Act for England and Wales?"</ref>{{efn|In contentious cases, such as the battered wife's revenge, or family [[mercy killing]]s, English juries have been glad of the ability to treat a clear murder as though it were manslaughter.<ref>{{Cite news|url=https://www.independent.co.uk/news/uk/this-britain/woman-walks-free-after-mercy-killing-case-9143264.html|title=Woman walks free after mercy killing case|work=The Independent|access-date=2018-08-03|language=en-GB}}</ref>}}

Although Scotland and Northern Ireland form part of the United Kingdom and share Westminster as a primary legislature, they have separate legal systems outside English law.

[[International treaty|International treaties]] such as the [[European Union]]'s [[Treaty of Rome]]{{efn|Now renamed as [[Treaty on the Functioning of the European Union]]}} or the [[Hague-Visby Rules]] have [[Incorporation of international law#Dualist systems|effect in English law]] only when adopted and ratified by Act of Parliament.<ref>[[Carriage of Goods by Sea Act 1971]]: s.1(1)In this Act, "the Rules" means the International Convention for the unification of certain rules of law relating to bills of lading (...). s.1(2)The provisions of the Rules, as set out in the Schedule to this Act, shall have the force of law.</ref> Adopted treaties may be subsequently denounced by executive action,<ref>[http://www.admiraltylawguide.com/conven/arrest1952.html Arrest Convention 1952 Art. 17]</ref> unless the denouncement or withdraw would affect rights enacted by Parliament. In this case, executive action cannot be used owing to the doctrine of [[parliamentary sovereignty]]. This principle was established in the case of ''[[R (Miller) v Secretary of State for Exiting the EU|R (Miller) v Secretary of State for Exiting the European Union]]'' in 2017.