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EnglandLegal Studies

Law Making (Component 1)

5 dot points across 5 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

What is delegated legislation, what forms does it take, and how is it kept in check?

Delegated legislation: the enabling Act and the types of delegated legislation (Orders in Council, statutory instruments and by-laws), the reasons for it, and the controls by Parliament and the courts.
An Eduqas A-Level Law guide to delegated legislation. Explains the enabling Act, Orders in Council, statutory instruments and by-laws, the reasons for delegation and the parliamentary and judicial controls, with worked exam answers and the AO3 evaluation the paper rewards.
16 min answer →

How does case law bind later courts, and how can judges avoid an inconvenient precedent?

Judicial precedent: the doctrine of stare decisis, ratio decidendi and obiter dicta, binding and persuasive precedent, the court hierarchy and the Practice Statement, and the ways of avoiding precedent (overruling, reversing and distinguishing).
An Eduqas A-Level Law guide to judicial precedent. Explains stare decisis, ratio and obiter, binding and persuasive precedent, the court hierarchy, the Practice Statement and how judges avoid precedent, with worked exam answers and the AO3 evaluation the paper rewards.
17 min answer →

Who keeps the law under review and proposes changes, and why are many recommendations never enacted?

Law reform: the agencies that influence and propose reform (the Law Commission, Royal Commissions and public inquiries, pressure groups and the media), the processes of repeal, consolidation and codification, and the limits on reform.
An Eduqas A-Level Law guide to law reform. Explains the Law Commission, Royal Commissions and inquiries, pressure groups and the media, the processes of repeal, consolidation and codification, and why many reforms are not enacted, with worked exam answers and the AO3 evaluation the paper rewards.
15 min answer →

How does a proposal become an Act of Parliament, and what is the significance of parliamentary sovereignty?

Parliamentary law making: the legislative process (Green and White Papers, the types of Bill, the stages of a Bill through the Commons and Lords and the Royal Assent), the influences on Parliament, and the doctrine of parliamentary sovereignty.
An Eduqas A-Level Law guide to parliamentary law making. Explains the legislative process, the stages of a Bill, the influences on Parliament and parliamentary sovereignty, with worked exam answers and the AO3 evaluation the paper rewards.
16 min answer →

How do judges interpret the words of an Act of Parliament, and which approaches and aids do they use?

Statutory interpretation: the literal, golden and mischief rules and the purposive approach, the rules of language, intrinsic and extrinsic aids (including Pepper v Hart), and the impact of EU law and the Human Rights Act 1998.
An Eduqas A-Level Law guide to statutory interpretation. Explains the literal, golden and mischief rules, the purposive approach, the rules of language and the aids to interpretation, with worked exam answers and the application the paper rewards.
17 min answer →