Eduqas A-Level Law: law making (Component 1) complete overview

Law making is examined in Eduqas Component 1 alongside the legal system. It explains where law comes from: Parliament, delegated legislation, the courts (through statutory interpretation and precedent), and the agencies that propose reform. This overview ties the topics together; each has a matching dot-point page.

Parliamentary law making

Most new law is made by Parliament. A proposal becomes an Act by passing through both Houses (first reading, second reading, committee stage, report stage and third reading in the Commons and the Lords) and receiving the Royal Assent. Green and White Papers consult before a Bill is introduced, and influences such as the government's manifesto, pressure groups and the media shape what is proposed.

Delegated legislation

Parliament cannot make every detailed rule, so it delegates power through an enabling Act. The three types are Orders in Council (Privy Council), statutory instruments (ministers) and by-laws (local authorities). It is controlled by Parliament (resolution procedures and scrutiny committees) and by the courts (judicial review for acting ultra vires).

Statutory interpretation

When the words of an Act are unclear, judges use the literal rule (plain meaning), the golden rule (avoiding absurdity), the mischief rule (Heydon's Case) and the modern purposive approach (what Parliament intended), supported by the rules of language and intrinsic and extrinsic aids.

Judicial precedent

The doctrine of stare decisis means the ratio decidendi of a higher court binds lower courts. The Supreme Court can depart from its own decisions (the Practice Statement 1966); judges avoid precedents by overruling, reversing or distinguishing. Precedent gives certainty but can be rigid.

Law reform

The Law Commission (1965) is the main standing reform body; Royal Commissions, public inquiries and pressure groups also drive change. Parliament decides whether to act, so many recommendations are delayed or dropped.

How this module is examined

• Short explain questions (AO1). Explain a process precisely (the stages of a Bill, the types of delegated legislation, a rule of interpretation).
• Scenario questions (AO2). Apply a rule of statutory interpretation to a problem on the facts.
• Essay or analysis questions (AO3). Evaluate an area (delegated legislation, the approaches to interpretation, judicial precedent) with a balanced argument.