The nature of law: the distinction between legal rules and other rules (morality, ethics and social rules); the rule of law as expounded by Dicey and Bingham, and its place in the English legal system.

What this dot point is asking

Eduqas Component 1 opens with the nature of law: what law is, how it differs from morality and other social rules, and what the rule of law demands. You need to be able to define law and the rule of law precisely (AO1) and to evaluate how far the English legal system upholds the rule of law (AO3).

The answer

What makes a rule a legal rule

Law, morality and social rules

Moral rules are values about right and wrong held by individuals or groups. They develop slowly, vary between people, cultures and over time, and are enforced only by conscience, social pressure or religion. Social rules such as etiquette or fashion are weaker still. Law and morality frequently coincide (the prohibitions on killing and stealing reflect shared moral values), which gives law much of its authority. But they can diverge: some acts most people think immoral are perfectly lawful (for example adultery, or lying that is not fraudulent), and some unlawful acts are not regarded as immoral by everyone (many minor regulatory or strict-liability offences). The Hart-Devlin debate and the Wolfenden Report (1957) explored how far the law should enforce morality: Devlin argued that a shared morality holds society together and the law may protect it, while Hart argued that the law should not punish conduct merely because it is thought immoral, only conduct that harms others.

The rule of law: Dicey and Bingham

Why it matters in the English legal system

The rule of law underpins judicial independence (judges must be free to decide against the government), judicial review (the courts can quash unlawful executive action), the presumption of innocence, and access to justice. It is, however, in tension with parliamentary sovereignty: because Parliament can in theory pass any law, the rule of law operates more as a powerful constitutional value than a legally enforceable limit. The LASPO 2012 legal aid cuts are a modern threat, because rights are worthless if people cannot afford to enforce them.

Examples in context

A strong answer never just lists Dicey's elements: it uses them to judge how far the system lives up to the ideal.

Try this

Q1. Explain what is meant by the rule of law. [10 marks]

• What the marker wants. Precise AO1: the principle that everyone, including the government, is subject to and accountable under the law; Dicey's three elements (no arbitrary power, equality before the law, rights protected by the courts) and Bingham's additions (accessibility, independent adjudication, compliance with international law).

Q2. Analyse and evaluate the relationship between law and morality. [15 marks]

• Cue. An AO3 essay: define each, show overlap and divergence with examples, use the Hart-Devlin debate and the Wolfenden Report, and reach a reasoned conclusion on how far the law should enforce morality.