1. Introduction
The English Legal System was not designed at any single point in time. It has grown organically over more than nine centuries, shaped by monarchs, judges, barons, churchmen and — eventually — by an elected Parliament. Every major modern principle of constitutional law has a recognisable historical root, and the SQE1 examiners regularly test those roots.
Before 1066 there was no unified system of law in what is now England. Each kingdom — Wessex, Mercia, Northumbria — applied its own local customary law, supplemented by the Danelaw in the east. The decisive moment came in 1066, when William the Conqueror invaded from Normandy and imposed a single royal administration on the whole kingdom.
This chapter follows the timeline from 1066 to today in seven principal stages. Each stage is associated with one or more constitutional doctrines that you must be able to identify in an SBAQ stem.
2. From the Norman Conquest to the Magna Carta (1066-1215)
The first 150 years after the Norman Conquest produced two foundational developments: the creation of a single body of common law administered by royal judges, and the imposition by the barons of a written charter limiting the king's powers — the Magna Carta of 1215.
2.2.1 William I and the Curia Regis
From the Curia Regis, William and his successors sent justices in eyre (travelling royal judges) on circuits throughout the country to hear cases in the king's name. The crucial innovation was that these judges applied a common body of rules drawn from local customs but standardised across the realm. This is the origin of the term 'common law' — law common to all the king's subjects.
Reign by reign the royal courts extended their jurisdiction. Under Henry II (1154-1189) the system of writs was systematised: each writ corresponded to a recognised form of action, and «no writ, no remedy» became the practical limitation on the early common law. Trial by jury (in the sense of a sworn panel of neighbours) also took root during this period, gradually replacing trial by ordeal, which was effectively abolished by the Fourth Lateran Council in 1215.
2.2.2 Magna Carta 1215
King John (1199-1216) quarrelled with his barons and lost successive military campaigns in France. In 1215, at Runnymede, the barons forced him to seal the Magna Carta (the 'Great Charter'). Although most of its 63 clauses dealt with feudal grievances, three are routinely tested on the SQE because they underpin enduring principles of the modern legal system.
| Clause | Effect | Modern Doctrine |
|---|---|---|
| Clause 39 | No free man shall be imprisoned or dispossessed «save by the lawful judgment of his peers or by the law of the land». | Habeas corpus / due process — the root of personal liberty and the right to a fair trial. |
| Clause 40 | «To no one will we sell, to no one deny or delay, right or justice.» | Access to justice / rule of law — public administration of justice without bribery or delay. |
| Clause 12 | No scutage or aid (taxation) without the common counsel of the realm. | No taxation without representation — foundation of Parliament's exclusive control over taxation (later confirmed in the Bill of Rights 1689). |
3. Parliament, Tudors and the 1689 Settlement (1295-1701)
Between the late 13th century and the end of the 17th century, Parliament emerged as a permanent institution and — after a century of constitutional conflict with the Stuart kings — established itself as the supreme law-making body. This section traces that development through the Model Parliament (1295), the Tudor consolidation, the English Civil War, and the Glorious Revolution and Bill of Rights 1689.
2.3.1 The emergence of Parliament
Edward I is credited with calling the Model Parliament of 1295 — so named because its composition (clergy, barons and elected representatives of the counties and boroughs) set the pattern for later Parliaments. By the mid-14th century, Parliament had divided into two chambers: the House of Lords (the lords spiritual and temporal) and the House of Commons (the knights of the shire and burgesses of the boroughs). Crucially, by this stage Parliament's consent was required for all general taxation.
2.3.2 Tudor consolidation: Henry VII and Henry VIII
Henry VII (1485-1509), the first Tudor monarch, restored royal authority after the Wars of the Roses and tightened control over the magnates. He used the Court of Star Chamber — a prerogative court sitting in Westminster — to discipline powerful subjects who could intimidate the ordinary common-law juries. Originally a useful tool against over-mighty subjects, the Star Chamber later became a byword for arbitrary executive justice and was abolished by the Long Parliament by the Habeas Corpus Act 1640 (16 Cha. 1 c. 10), which received Royal Assent in 1641 (hence sometimes dated 1641).
Henry VIII (1509-1547) broke with Rome. The Act of Supremacy 1534 declared the king to be «the only supreme head in earth of the Church of England», and ecclesiastical jurisdiction in England was transferred from the Pope to the Crown. Henry's reign also saw the Acts of Union with Wales (1536 and 1542), which incorporated Wales into the English legal system — the reason the ELS today covers England AND Wales.
2.3.3 Civil War, Restoration and the Glorious Revolution
Conflict between Parliament and the early Stuart kings (James I, Charles I) over taxation, religion and prerogative power culminated in the English Civil War (1642-1651), the execution of Charles I in 1649, and the brief republican interregnum under Oliver Cromwell. The monarchy was restored in 1660, but the constitutional question — who is supreme, King or Parliament? — was not finally settled until 1688-1689.
In the Glorious Revolution of 1688, the Catholic King James II fled the country and Parliament invited William of Orange and Mary to take the throne on Parliament's terms. Those terms were embodied in the Bill of Rights 1689, which remains in force as a statute today.
The post-1689 settlement was reinforced by the Act of Settlement 1701, which regulated the succession to the throne and protected judges from arbitrary dismissal — judges henceforth held office «during good behaviour» (quamdiu se bene gesserint) and could be removed only by an address from both Houses of Parliament. This is a recognisable origin of the modern doctrine of judicial independence.
4. From the Industrial Revolution to the Modern Constitution
The 19th and 20th centuries reshaped both the electorate and the structure of the courts. From a parliamentary system dominated by aristocratic landowners and a tiny electorate, the United Kingdom moved — through five great Reform Acts — to universal adult suffrage. At the same time, the Judicature Acts 1873-1875 rationalised the court structure, and in 2005 the Constitutional Reform Act redrew the lines between Parliament, executive and judiciary.
2.4.1 The expansion of the franchise
| Year | Reform | Effect |
|---|---|---|
| 1832 | Great Reform Act | Redistributed seats; ended «rotten boroughs»; extended the vote to many middle-class men. About 1 in 7 adult males could vote. |
| 1867 | Second Reform Act | Extended the vote to urban working-class men. About 1 in 3 adult males could vote. |
| 1884 | Third Reform Act | Extended the vote to rural working-class men. About 2 in 3 adult males could vote. |
| 1918 | Representation of the People Act | Vote for all men over 21; women over 30 who met a property qualification. |
| 1928 | Equal Franchise Act | Vote for all women over 21 on the same terms as men — universal adult suffrage. |
2.4.2 Judicature Acts and the modern court structure
By the early 19th century, the parallel systems of common law (administered by the Courts of King's Bench, Common Pleas and Exchequer) and equity (administered by the Court of Chancery) had become procedurally cumbersome and the source of much delay. The Supreme Court of Judicature Acts 1873-1875 abolished the separate courts and created a unified Supreme Court of Judicature comprising the High Court of Justice and the Court of Appeal. Crucially, the Acts provided that the rules of equity should prevail over the rules of common law in case of conflict (now found in Senior Courts Act 1981 s 49).
2.4.3 Constitutional Reform Act 2005
Other significant late-20th and early-21st-century constitutional developments — the Human Rights Act 1998, devolution to Scotland, Wales and Northern Ireland (1998), and the United Kingdom's withdrawal from the European Union (2020) — are treated in detail in Chapters 4, 9 and 10. For present purposes, note that the historical pattern is one of continuous incremental reform: the ELS does not have a single «year zero», it has been re-shaped repeatedly.
5. Key Notes (Chapter Summary)
Memorise the dates, the events and — most importantly — the modern doctrine each event underpins. This is the form in which the SQE1 will test you.
| Year | Event | Modern Doctrine / Significance |
|---|---|---|
| 1066 | Norman Conquest; Curia Regis established | Origin of unified royal administration; precursor of Parliament and superior courts. |
| 1215 | Magna Carta | Due process; habeas corpus; rule of law; no taxation without representation. |
| 1295 | Model Parliament (Edward I) | Origin of bicameral Parliament (Commons and Lords). |
| 1534 | Act of Supremacy | Break with Rome; Crown supreme over the Church of England. |
| 1536/1542 | Acts of Union with Wales | Wales incorporated into the ELS — hence «England AND Wales». |
| 1641 | Star Chamber abolished | Rejection of prerogative justice; protection against arbitrary executive. |
| 1689 | Bill of Rights | Parliamentary sovereignty; no taxation without consent; freedom of parliamentary speech (Art. 9). |
| 1701 | Act of Settlement | Judicial independence — judges hold office «during good behaviour». |
| 1832-1928 | Five Reform Acts | Progressive extension of the franchise — culminating in universal adult suffrage. |
| 1873-1875 | Supreme Court of Judicature Acts | Unified court structure; equity prevails in conflict with common law. |
| 2005 | Constitutional Reform Act | Separation of powers; Supreme Court of the UK (opened 1 October 2009); JAC; Lord Chancellor reform. |
6. MCQ Practice — Five SQE-Style Questions
Five SBAQs at SQE1 FLK1 standard. Each tests your ability to link a historical event to a modern doctrine that an examiner can fairly examine on the FLK1 syllabus. Attempt closed-book; check the answer key only after writing down your answer.
A. The Bill of Rights 1689, because it abolished the suspending power of the Crown.
B. The Magna Carta 1215, in particular the clauses that prohibit imprisonment or dispossession otherwise than by the lawful judgment of the person's peers or by the law of the land.
C. The Act of Settlement 1701, because it secured the independence of judges.
D. The Constitutional Reform Act 2005, because it created the Supreme Court of the United Kingdom.
E. The Human Rights Act 1998, because it gave further effect to the European Convention on Human Rights.
Answer & explanation
B is correct — Clauses 39 and 40 of Magna Carta 1215 are the earliest extensively cited textual sources of habeas corpus and due process. They have been confirmed by Parliament repeatedly and remain on the statute book.
A is incorrect — the Bill of Rights 1689 is concerned with the Crown's legislative and taxing powers and freedom of parliamentary debate, not primarily with personal liberty.
C is incorrect — the Act of Settlement 1701 concerns judicial independence and succession to the throne, not personal liberty.
D is incorrect — the CRA 2005 redrew the constitutional architecture; it did not create habeas corpus.
E is incorrect — the HRA 1998 protects Convention rights but is not the earliest source of the right to personal liberty in English law. (See Section 2.2.2.)
A. The earlier judicial decision prevails because the courts are the ultimate guardians of the constitution.
B. The Act and the judicial decision have equal force and must be reconciled by the parties.
C. The Act of Parliament prevails because, following the Bill of Rights 1689, Parliament is the supreme law-making authority in the United Kingdom.
D. The matter must be referred to the King in Council for resolution.
E. The Act of Parliament prevails only if the Supreme Court has formally approved it.
Answer & explanation
C is correct — since the Bill of Rights 1689, Parliament has been constitutionally supreme; the courts must give effect to a clearly enacted statute. This is the doctrine of parliamentary sovereignty classically stated by A.V. Dicey.
A is incorrect — the courts apply, but do not strike down, primary legislation.
B is incorrect — Parliament's Act and a judicial decision do not have equal force.
D is incorrect — the King in Council has no power to resolve such conflicts.
E is incorrect — an Act does not require Supreme Court approval to take effect. (See Section 2.3.3.)
A. The Supreme Court was created by the Senior Courts Act 1981 and began operating in 1981.
B. The Supreme Court was created by the Human Rights Act 1998 and began operating in 1998.
C. The Supreme Court was created by the Constitutional Reform Act 2005 and began operating on 1 October 2009.
D. The Supreme Court was created by the Bill of Rights 1689 and has operated under that name since the Restoration.
E. The Supreme Court was created by Order in Council in 2009 and does not have a statutory basis.
Answer & explanation
C is correct — the Constitutional Reform Act 2005 created the Supreme Court of the United Kingdom, which opened for business on 1 October 2009, replacing the Appellate Committee of the House of Lords as the final court of appeal.
A is incorrect — the Senior Courts Act 1981 governs the Senior Courts of England and Wales (the High Court, Court of Appeal and Crown Court), not the UK Supreme Court.
B is incorrect — the HRA 1998 incorporates Convention rights; it did not create the Supreme Court.
D is incorrect — the Bill of Rights 1689 did not create the Supreme Court.
E is incorrect — the Supreme Court has a clear statutory basis. (See Section 2.4.3.)
A. The Magna Carta 1215, which limited the king's powers.
B. The Bill of Rights 1689, which restricted royal prerogative.
C. The Constitutional Reform Act 2005, which reformed the Lord Chancellor's role, created the Supreme Court and established the Judicial Appointments Commission.
D. The Acts of Union with Wales 1536-1542, which unified the Welsh and English legal systems.
E. The Act of Settlement 1701, which regulated the succession to the throne.
Answer & explanation
C is correct — the CRA 2005 is the clearest modern statutory embodiment of separation of powers: it removed the highest court from the legislature, diminished the tri-functional Lord Chancellor's role, and created an independent appointments commission.
A is incorrect — Magna Carta concerns due process, not separation of powers as such.
B is incorrect — the Bill of Rights primarily entrenched parliamentary sovereignty, not separation of powers across all three branches.
D is incorrect — the Acts of Union unified the territorial jurisdiction, not the branches of government.
E is incorrect — the Act of Settlement secured judicial independence, which is one element of separation of powers but is much narrower than the CRA 2005. (See Section 2.4.3.)
A. The Great Reform Act 1832.
B. The Second Reform Act 1867.
C. The Representation of the People Act 1918.
D. The Equal Franchise Act 1928.
E. The Human Rights Act 1998.
Answer & explanation
D is correct — the Equal Franchise Act 1928 extended the vote to all women over 21 on the same terms as men, completing the move to universal adult suffrage.
A is incorrect — the 1832 Act extended the vote only to many middle-class men.
B is incorrect — the 1867 Act extended the vote to urban working-class men but not to women.
C is incorrect — the 1918 Act extended the vote to all men over 21 but only to women over 30 meeting a property qualification — not equal terms.
E is incorrect — the HRA 1998 protects Convention rights but is not the source of the franchise. (See Section 2.4.1.)