Categorising the Law

The context

The textbook that accompanies this website discussed, in some detail, the different ways in which we might categorise the law of England and Wales. They included some of the following ‘labels’:

Common law as a system
Common law as a source of law
Statute
Equity
Constitutional law
Criminal law
Civil law
Civil law as a system of law.
Public law
Private law
Procedural law

As you read

Labels have only a limited value. They are often incomplete and do not cover all situations. They risk painting an overly simplistic picture in an increasingly complex world. Of themselves, labels are not a useful tool. You should keep this in mind when studying the legal system of England and Wales. Nonetheless, they do have some value in helping to organise your thoughts and to test your understanding of definitions and how concepts interact and are distinct.

The purpose of this resource is to consider scenarios and statements and to try to apply one or more the labels above to classify correctly the law. As you undertake this exercise think about what the consequence of a particular label is. What does it tell us about the law and legal system?

The exercise/activity

Using the bullet-pointed labels/categories above, and the relevant sections of the textbook, classify the following statements/law. Remember that multiple labels may attach to a given example! Links are given where appropriate so that you can investigate further and better categorise the legal rules in question, based not only on their form but also on their content. .

Section 1(3) of The Wild Animals in Circuses Act 2019
The principle of judicial review, which allows an individual to call into question the decisions and actions of public authorities.
The principles governing liability for breach of contract.
Sections 1, 2 and 3 of the Protection from Harassment Act 1997
The legal system that best describes Italy, Spain and France.
Section 19 of the Consumer Rights Act 2015
AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17
“Equity follows the law”
The principle that Parliament is sovereign and can make or unmake any law that it likes.
The rule, found in CPR Part 7, that ‘Proceedings (whether for damages or for a specified sum) may not be started in the High Court unless the value of the claim is more than £100,000.’
The legal system that best describes the United States of America and the legal system of England and Wales.
The legal principles that govern the distribution of powers between the state and its citizens.
The rules governing financial provision on the dissolution of a marriage.
The rules governing care proceedings for children.
A system where the law is based on the precedential value of judgments of the courts.

Concluding thoughts

These are only a handful of examples that were intended to show you the simplicity and complexity of ‘categorising’ law and legal systems. As you progress through your examination of the legal system of England and Wales, keep in mind these labels and consider how they might help you to understand better the underpinning principles that govern a particular aspect of the legal system. If you go on to study substantive legal subjects then also consider how useful the labels are in describing the rules, processes and principles that govern that particular subject area.