Guide last updated by Katie Radford, June 2025
This guide was created by Katie Radford, Access Librarian; and Lisa Davies, former Access Librarian.
Email katie.radford@sas.ac.uk
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The IALS library has a rich collection of law resources concerning the Commonwealth and Commonwealth countries. The first prospectus of the Institute of Advanced Legal Studies, published in 1948, the year after it was founded, set the ground work for this by establishing the Institute as "the focal point of legal research for the United Kingdom and the countries of the British Commonwealth”. Since the Institute's establishment many generous donations have supplemented the library's Commonwealth collections, including previous arrangements with the former Colonial Office and the Foreign and Commonwealth Office.
This guide aims to provide information and sources relevant for those researching the Commonwealth association, including relevant holdings from IALS library's collections. For advice on researching individual Commonwealth jurisdictions, see the relevant section at the bottom of this guide, or refer to our individual jurisdiction guides.
In addition to the Commonwealth collections held at IALS library, the Institute of Commonwealth Studies (ICwS) library is a major national resource for research in the Commonwealth as a whole and its member states, in the fields of history, politics and international relations, education, and various others. The ICwS library is located within Senate House Library and its holdings can be searched via their library catalogue. More information about the ICws library is available on the ICwS website.
The Commonwealth describes itself as a voluntary and free association of 56 independent member countries who work together to promote the values of development, democracy and peace. The Commonwealth website summarises its aims in the following way:
The Commonwealth promotes peace and international co-operation, democracy and good governance, respect for human rights and the rule of law, and the improvement of lives through economic and social development.
The Commonwealth has its origins in Britain's colonial Empire, and many of the member countries, though not all, were former British territories and colonies. The current member countries of the Commonwealth are spread across the globe and cover around a third of the world's population. A full list of member countries can be found on the Commonwealth website.
The Commonwealth came into being following the independence of former British colonies and the resulting dissolution of the British Empire. The first incarnation of the Commonwealth was the British Commonwealth of Nations, which was established following the 1926 Imperial Conference. At this conference, the Balfour Declaration was issued which declared that a number of former colonies (then called Dominions) should have equal status with the United Kingdom as "freely associated" members of the British Commonwealth of Nations, retaining allegiance to the Crown. Following this, the Statute of Westminster in 1931 gave legal recognition to the independence of the Dominions, with Australia, Canada, New Zealand and South Africa joining as members.
Subsequently, many other countries sought independence, including India in 1947 which sought to become a sovereign independent republic while remaining a member of the Commonwealth. This led to the establishment of the modern Commonwealth in 1949, when the London Declaration stated that Commonwealth membership should no longer be based on allegiance to the Crown, allowing for republics to become members. Since then, many independent states from across the world have joined the Commonwealth.
The current Head of the Commonwealth is King Charles III, although successive Heads are chosen collectively by Commonwealth leaders and do not have to be the reigning monarch in the United Kingdom. Whilst all members of the Commonwealth recognize His Majesty King Charles III as Head of the Commonwealth, he is Head of State in only 15 member countries, including the UK, Canada and Australia. Today, Commonwealth members have a range of constitutions including republics and monarchies.
More information and detail about the history of the Commonwealth is available on the Commonwealth website, as well as in the sources listed in the General Commonwealth sources section of this guide.
The Commonwealth, as an organisation, does not create any law in its own right, but similarities exist in the legal systems and legal literature of many of the members because of the British colonial rule to which they were subjected. The system of English common law was imposed by the British on its colonies and territories, and the legal systems of many countries in the Commonwealth retain elements of common law today. Nevertheless, each country has its own unique history, constitution, and legal system and for this reason it is important not to over emphasise the similarities, but rather to consider the legal system of each country a distinct and separate entity.
The Commonwealth is made up of three key intergovernmental organisations:
The Commonwealth Secretariat provides administration for the association. It implements the decisions of the Commonwealth leaders, organises meetings and summits, arranges for the exchange of advice and provision of experts, and is responsible for the publishing of official commonwealth documents and reports.
The Commonwealth Foundation supports the participation of people across the Commonwealth in democracy and development.
The Commonwealth of Learning aims to promote and support access to learning across the Commonwealth through distance learning and technology.
In addition to these three key organisations, there is a network of more than 90 accredited organisations which support the Commonwealth's work in a variety of areas. Some of the accredited organisations whose work relates to law across the Commonwealth include:
The Commonwealth Legal Education Association (CLEA) aims to promote high standards of legal education across the Commonwealth.
The archive of the CLEA is held in the IALS Archives. Please see the archives pages of the IALS website for more information.
The Commonwealth Lawyers Association is a professional membership organisation that aims to promote the rule of law by encouraging exchanges between members of the profession through projects, conferences and workshops, and by driving improvements in legal education
The Commonwealth and its organisations are involved in diverse activities including democracy and the rule of law; environment and climate change; trade and the economy; society and young people; and supporting small states. To read more about the current work of the Commonwealth, view the Commonwealth Secretariat Strategic Plan 2021/22 - 2024/25.
More information about the Commonwealth's programmes relating to the law can also be found on the Democracy, government and law page of the Commonwealth website. One of the Commonwealth's key programmes in this area is the promotion of the rule of law across its member countries. Through collaboration between the Rule of Law Section and various accredited organisations, the Commonwealth aims to support its member countries with the effective administration of justice and promote best practice.
This section details some of the official publications of the Commonwealth that may be of relevance for legal researchers, including their availability online and in the IALS library collections. Many of these publications are freely available online via the Commonwealth website and the Commonwealth iLibrary, which is an open access collection of books, working papers, discussion papers, reports, and other Commonwealth publications.
The Commonwealth Charter was signed by Queen Elizabeth II in 2013. The Charter consolidates previous individual Declarations about the Commonwealth's organisation and function, and sets out the association's principles and aims in a single document. It is freely available on the Commonwealth website.
The Commonwealth Yearbook provides a guide to the organisations and activities of the Commonwealth, including CHOGMs and other summits, profiles of Commonwealth members and their territories. It also includes a directory of Commonwealth organisations and statistics. The Yearbook is not held at IALS Library but it is available in the Institute of Commonwealth Studies Library from 1952 to 2015.
Reports of the Secretariat: The Secretariat often publishes reports on the outcomes of its activities. If the Commonwealth has been engaged in the assessment of a developmental issue in a Commonwealth country, it will also report and publish these findings. Reports can be found online on the Commonwealth iLibrary. IALS Library also has many of these reports when they touch on matters of law, legislation, governance and the judiciary. Full holdings can be found on the library catalogue.
Reports of the Commonwealth Secretary-General: The Secretary-General provides a biennial report summarising Commonwealth activities from the previous two years, which are available on the Commonwealth website. In the past, the Secretary-General produced an annual report to heads of government. IALS Library has these reports from 1977 to 1983/85, and the Institute of Commonwealth Studies Library has the reports from 1965/66 to 2005.
Guidance and manuals: The Secretariat often publishes guidance or manuals to advise Commonwealth members on best practice in certain areas, such as legislative drafting or dispute resolution. IALS Library has many of these publications when they relate to the law, legislation, governance and the judiciary. Full holdings can be found on the library catalogue.
The Commonwealth Law Bulletin was a journal produced quarterly by the Legal and Constitutional Affairs Division of the Commonwealth Secretariat. The journal included articles on the law and legal affairs of individual Commonwealth countries, as well as international and Commonwealth-wide issues. The journal ceased publication in 2021. IALS Library has full holdings of the Bulletin in print, as well as online access via HeinOnline and Taylor & Francis Online.
The Commonwealth also has a library and archives service based at Marlborough House in London, which contains books historical documents about the work of the Commonwealth and the Commonwealth Secretariat and its member countries dating back to 1965. More information of the Commonwealth's library and archives is available on the Commonwealth website, including a link search the library catalogue. Access to the library's physical collections is by appointment only.
In addition to the official publications listed in the previous section, the Commonwealth also produces a range of documents relating to its meetings and conferences. This section summarises some of the Commonwealth's conferences that may be of interest to legal researchers, and details how to access related documents and proceedings, both online and in IALS library's collections where available.
Commonwealth Heads of Government Meetings: The Commonwealth Heads of Government Meetings (CHOGM) are held every two years and are the Commonwealth's main discussion forum. Official communiqués of the meetings are published as UK Command Papers, in the Commonwealth Yearbook, and on the Commonwealth website. All other documents and proceedings from the CHOGMs remain confidential for thirty years.
The IALS Library does not hold the official communiqués from every meeting, but they are held at the Institute of Commonwealth Studies Library. A useful publication in the library reserve collection is Commonwealth Declarations: Declarations and Statements Issued by Commonwealth Heads of Government , 1971-1991. Command Papers are catalogued individually on the IALS Library Catalogue. You can search by title, subject, or series (if you know the command paper number).
Proceedings of Colonial / Imperial Conferences were published as UK Command Papers. IALS Library has the proceedings from the Imperial Conferences of 1923, 1926, 1930 and 1937 in the reserve collection. All are listed separately on the Library Catalogue.
Constitutional Conferences: Constitutional conferences were held during the drafting of new constitutions of former UK dependencies prior to independence. The resulting documents were published as Command Papers. Many are held in IALS Library in print or are available electronically via LLMC. You can find them on the library catalogue by searching for the Command Paper number or by keyword using the name of the country AND "constitutional law" AND conference, such as nigeria AND "constitutional law" AND conference.
This section outlines resources that may be of interest to researchers looking at the law across a range of Commonwealth jurisdictions. The subsequent section offers guidance on researching individual Commonwealth jurisdictions.
At IALS library, resources relating to the Commonwealth as a whole or multiple Commonwealth jurisdictions can be found at the classmarks GB1 and SJ. The classmark GB1 refers to the Commonwealth in general and is also assigned to items that cover more than one Commonwealth jurisdiction. Additionally, the classmark SJ contains materials on common law subjects from the United Kingdom, Ireland, United States of America, Canada, Australia and New Zealand.
Remember also that it is not possible to find all materials relating to the Commonwealth by just browsing the shelves. Many useful items, particularly older titles, are kept in our closed access basement areas. To find all relevant material, including e-resources, make sure you search the library catalogue. You can run a classmark search to find all items with a particular classmark, like those listed above. Alternatively, you can search by subject heading, for example searching for subjects such as 'Commonwealth of Nations' or 'Commonwealth Countries'.
Books
The following are a selection of books in the library's collections relating to the Commonwealth as a whole or multiple Commonwealth jurisdictions:
Journals
The following are a selection of Commonwealth-wide law journals held at IALS Library:
Legislation
The Commonwealth as an organisation does not produce any legislation of its own. CommonLII, the Commonwealth Legal Information Institute, aims to provide a single online location where it is possible to search legal information from all Commonwealth countries for free. It includes more than 1400 databases from over 60 Commonwealth countries and common law jurisdictions, and links to legal websites in all Commonwealth countries, many of which provide access to legislation.
Law reports, case digests and citators
The following resources are either Commonwealth-wide in scope or cover several Commonwealth countries:
There are similarities in the legal systems of many Commonwealth members, as many of these jurisdictions retain common law systems, or mixed systems with elements of common law, as a result of their having been subjected to British colonial rule. However, it is important to consider the legal system of each Commonwealth member as a unique and separate entity in its own right.
To get started with researching the law in a specific Commonwealth jurisdiction, you may wish to consult a legal research guide, as these can be a useful way of familiarising yourself with the main sources of legal literature from a particular country.
Within IALS library, materials relating to a specific Commonwealth jurisdiction will be located within the classmark of that individual country. Each jurisdiction will have its own classmark. The easiest way to find this out is to check the Classmarks and finding resources in the library guide to find out the classmark of a specific country. You can then browse the shelves at this classmark, or you can perform a classmark search on the library catalogue to find all items with this classmark. It may also be useful to run a subject or keyword search on the library catalogue for the name of the jurisdiction, as this will also find relevant electronic resources.