What is the rule of law, and how does law-making in Wales fit within the single legal system of England and Wales?
The rule of law and the Welsh dimension: the meaning of the rule of law, the separation of powers, and law-making in Wales through the Senedd within the England and Wales jurisdiction.
The rule of law and the Welsh dimension for WJEC A-Level Law Unit 1. Covers the meaning of the rule of law (Dicey and Bingham), the separation of powers, and law-making in Wales through the Senedd within the single England and Wales legal jurisdiction.
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What this dot point is asking
This dot point covers two linked ideas central to WJEC's "Welsh and English legal system": the rule of law and the Welsh dimension of law-making. You need to explain the rule of law (drawing on Dicey and Lord Bingham) and the separation of powers, and describe how Wales makes its own law through the Senedd within the single England and Wales jurisdiction. WJEC's specification is distinctive in requiring knowledge of the Welsh constitutional position.
The answer
The rule of law
The classic statement is A.V. Dicey's three elements:
- No arbitrary power. No one may be punished except for a breach of the law established in the ordinary courts; the state cannot act outside the law.
- Equality before the law. Everyone, whatever their rank, is subject to the same law administered by the same courts.
- Rights protected by the courts. Individual rights flow from decisions of the ordinary courts rather than from an abstract constitution.
Lord Bingham restated the doctrine for modern conditions, identifying principles such as: the law must be accessible, clear and predictable; questions of legal right should be resolved by law not discretion; equality before the law; adequate protection of human rights; fair resolution of disputes; and compliance with the state's obligations in international law.
The separation of powers
In the UK the separation is partial (ministers sit in Parliament), but the Constitutional Reform Act 2005 strengthened it by creating an independent Supreme Court and reforming the role of the Lord Chancellor.
Law-making in Wales
England and Wales form a single legal jurisdiction, sharing one court system, in contrast to the separate Scottish and Northern Irish systems. Within that jurisdiction, Wales has its own democratically elected legislature, the Senedd Cymru (Welsh Parliament), renamed from the National Assembly for Wales in 2020. Following the 2011 referendum the legislature gained full primary law-making powers in devolved areas, building on the Government of Wales Act 2006. The Wales Act 2017 introduced a reserved-powers model, meaning the Senedd may legislate on any matter not reserved to Westminster. Senedd legislation is called an Act of Senedd Cymru, made through legislative stages and given Royal Assent. The result is a growing body of distinctly Welsh law (in fields such as health, education, housing and the environment) within the shared England and Wales jurisdiction, while Westminster retains supremacy over reserved matters and may still legislate for Wales.
Examples in context
The Welsh dimension is what sets the WJEC specification apart. Because England and Wales remain a single jurisdiction, a case in Cardiff and a case in Carlisle are decided in the same court system under largely the same law, yet the Senedd has built a distinctly Welsh body of legislation in devolved fields, so a Welsh Act may govern, for example, organ donation or housing differently from England. The rule of law connects directly to the rest of Unit 1: judicial independence and access to justice are the means by which the rule of law is made real, because law applied equally is worthless if courts are not independent or if people cannot afford to reach them. Lord Bingham's insistence that the law be accessible and that rights be adequately protected ties the whole unit together, from law-making to the courts to funding.
Try this
Q1. State two of Dicey's elements of the rule of law. [2 marks]
- Cue. No arbitrary power (punishment only for a proven breach of law) and equality before the law.
Q2. What is the name given to legislation made by the Welsh Parliament? [1 mark]
- Cue. An Act of Senedd Cymru.
Q3. Explain the rule of law and describe how law is made in Wales. [12 marks]
- What the marker wants. Dicey's and Bingham's accounts of the rule of law and the separation of powers, then the single England and Wales jurisdiction, the Senedd's primary powers, and the reserved-powers model under the Wales Act 2017.
Exam-style practice questions
Practice questions written in the style of WJEC exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
WJEC 201812 marksExplain what is meant by the rule of law.Show worked answer →
An AO1 task rewarding a clear account of the doctrine and its main elements.
Define the rule of law: the principle that everyone, including the government, is subject to and accountable under the law, applied fairly and equally.
Use Dicey's three elements: no one may be punished except for a breach of the law established before the ordinary courts (no arbitrary power); everyone is equal before the law regardless of status; and rights are protected through the ordinary courts.
Add Lord Bingham's modern restatement: the law must be accessible and predictable, questions of legal right resolved by law not discretion, equality before the law, adequate protection of human rights, fair resolution of disputes, and compliance with international law.
Strong answers link the rule of law to judicial independence, access to justice and judicial review.
WJEC 202012 marksDescribe how law is made in Wales.Show worked answer →
An AO1 task rewarding accurate knowledge of devolution and Welsh law-making within the England and Wales jurisdiction.
Explain that England and Wales form a single legal jurisdiction, but Wales has its own democratically elected legislature, the Senedd Cymru (Welsh Parliament), with primary law-making powers in devolved areas.
Outline the development: the National Assembly for Wales gained primary legislative powers following the 2011 referendum; the Government of Wales Act 2006 and later the Wales Act 2017 set the framework, with the Wales Act 2017 moving to a reserved-powers model (the Senedd can legislate on anything not reserved to Westminster). The Senedd was renamed in 2020.
Senedd legislation is called an Act of Senedd Cymru, made through stages and receiving Royal Assent. Westminster retains supremacy and legislates on reserved matters.
Strong answers note the growing body of distinctly Welsh law within the shared jurisdiction.
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Sources & how we know this
- WJEC GCE AS/A Level Law specification (from 2017) — WJEC (2017)