Where does the law come from, and what principles underpin it?
The sources of law in England and Wales (legislation, common law and precedent), how law is made and changed, and key legal principles such as the rule of law, equality before the law, the presumption of innocence and the right to a fair trial.
A focused answer for OCR GCSE Citizenship Studies on the sources of law in England and Wales (legislation, common law and precedent), how laws are made and changed, and the key principles that underpin the legal system, including the rule of law, equality before the law, the presumption of innocence and a fair trial.
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What this dot point is asking
OCR wants you to explain where the law comes from (its sources), how laws are made and changed, and the key principles that make the legal system fair. This is core Section 1 content that underpins the whole specification, so the rule of law, equality before the law, the presumption of innocence and the right to a fair trial recur throughout the course. It is examined through knowledge questions on the sources of law and through "Explain" and "Evaluate" questions on the legal principles.
The sources of law
Where statute and common law conflict, statute wins, because Parliament is sovereign. OCR rewards knowing not just the names of the sources but the order of priority between them.
How laws are made and changed
Most new law is legislation made by Parliament. A proposed law, a Bill, is usually introduced by the government and passes through several stages in the House of Commons and the House of Lords (readings, committee scrutiny and debate). Both Houses must agree the text, after which it receives Royal Assent from the monarch and becomes an Act of Parliament. Laws can be changed or repealed by passing a new Act, and the courts can interpret statutes when applying them, shaping how they work in practice. Citizens can influence law-making by voting, petitioning, lobbying MPs and joining pressure groups.
Key legal principles
These principles connect Section 1 to the rest of the course: the rule of law limits government power (linking to democracy and government), and equality before the law links to the Equality Act and to tackling discrimination. The strongest answers show how a principle protects citizens in practice.
Try this
Q1. Name the three main sources of law in England and Wales. [Knowledge recall]
- Cue. Legislation (statute law), common law, and precedent (case law).
Q2. Explain what the rule of law means and give one reason it matters. [Short explanation]
- Cue. Everyone, including the government, is subject to the law; it matters because it prevents the abuse of power and keeps citizens safe from arbitrary rule.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR J270 20182 marksIdentify two sources of law in England and Wales.Show worked answer →
A short knowledge question (2 marks, 1 mark each). Reward two correct sources.
Acceptable answers: legislation (statute law, Acts of Parliament), common law (judge-made law built from past decisions), and precedent (judges following the decisions of higher courts in similar cases). Some specifications also accept secondary or delegated legislation.
Top marks. Two distinct sources named correctly. "The government" or "Parliament" on its own is too vague unless linked to legislation.
OCR J270 20218 marksExplain the importance of the rule of law in a democracy.Show worked answer →
An extended "Explain" question (8 marks, AO1 and AO2). Reward developed reasons, each with an example.
Reason one. The rule of law means everyone is subject to the law, including the government and those in power, so no one is above the law. This prevents the abuse of power and protects citizens from arbitrary government.
Reason two. It means equality before the law: people are treated the same regardless of wealth or status, which makes the justice system fair and maintains public trust.
Reason three. It guarantees access to an independent and impartial court, so disputes are settled by fair process rather than by force, which underpins a stable, ordered society.
Top band. Three developed reasons linking the rule of law to fairness, limits on power and stability, with a judgement on why it matters most in a democracy.
Related dot points
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Sources & how we know this
- OCR GCSE (9-1) Citizenship Studies J270 specification — OCR (2016)
- How laws are made — UK Parliament (2023)