Law making — OCR A-Level Law Revision

    This section covers the legislative process in Parliament, the use and control of delegated legislation, the rules and approaches of statutory interpretati

    Topic Synopsis

    This section covers the legislative process in Parliament, the use and control of delegated legislation, the rules and approaches of statutory interpretation, the doctrine of judicial precedent, and the various influences on law reform, including the Law Commission.

    Key Concepts & Core Principles

    Exam Tips & Revision Strategies

    Common Misconceptions & Mistakes to Avoid

    Examiner Marking Points

    Law making

    OCR
    A-Level

    This section covers the legislative process in Parliament, the use and control of delegated legislation, the rules and approaches of statutory interpretation, the doctrine of judicial precedent, and the various influences on law reform, including the Law Commission.

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    Objectives
    5
    Exam Tips
    5
    Pitfalls
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    Key Terms
    11
    Mark Points

    Topic Overview

    Law making in the OCR A-Level Law specification covers the processes by which laws are created in England and Wales. This topic is divided into two main sources: parliamentary law making (statute law) and judicial law making (common law). Understanding these processes is essential because they form the foundation of the entire legal system, influencing how rights and obligations are established and enforced. Students must grasp both the theoretical principles and practical stages involved, as well as the advantages and disadvantages of each method.

    Parliamentary law making focuses on the legislative process in the UK Parliament, from the initial proposal of a bill to its enactment as an Act of Parliament. Key aspects include the different types of bills (public, private, private members'), the stages in the House of Commons and House of Lords, and the role of royal assent. Additionally, students must understand the influences on Parliament, such as pressure groups, political parties, and the media, and how these shape the content of legislation.

    Judicial law making, on the other hand, examines the doctrine of precedent (stare decisis) and statutory interpretation. Courts create law through their decisions, which bind lower courts in future similar cases. Students need to understand the hierarchy of courts, the distinction between ratio decidendi and obiter dicta, and the methods of avoiding precedent (overruling, reversing, distinguishing). Statutory interpretation rules—literal, golden, mischief, and purposive—are also crucial, as judges often have to interpret ambiguous legislation. This topic connects to the wider subject by showing how law evolves through both democratic and judicial processes.

    Key Concepts

    Core ideas you must understand for this topic

    • →Parliamentary sovereignty: The principle that Parliament is the supreme law-making body, and its Acts cannot be challenged by courts.
    • →The legislative process: The stages a bill goes through (first reading, second reading, committee stage, report stage, third reading, and royal assent) in both Houses.
    • →Doctrine of precedent: The rule that courts must follow decisions of higher courts in similar cases, ensuring consistency and fairness.
    • →Ratio decidendi and obiter dicta: The ratio is the binding part of a judgment (the reason for the decision), while obiter dicta are persuasive comments made 'by the way'.
    • →Statutory interpretation rules: The literal, golden, mischief, and purposive approaches used by judges to interpret Acts of Parliament.

    What You Need to Demonstrate

    Key skills and knowledge for this topic

    • Legislative process stages in the House of Commons and House of Lords
    • Types of Bills (Public, Private, Private Members, Hybrid, Ten-minute rule)
    • Types of delegated legislation (Orders in Council, Statutory Instruments, By-laws)
    • Parliamentary and judicial controls on delegated legislation
    • Rules of statutory interpretation (literal, golden, mischief)
    • Purposive approach to interpretation
    • Intrinsic and extrinsic aids to interpretation
    • Doctrine of precedent (stare decisis, ratio decidendi, obiter dicta)

    Marking Points

    Key points examiners look for in your answers

    • Legislative process stages in the House of Commons and House of Lords
    • Types of Bills (Public, Private, Private Members, Hybrid, Ten-minute rule)
    • Types of delegated legislation (Orders in Council, Statutory Instruments, By-laws)
    • Parliamentary and judicial controls on delegated legislation
    • Rules of statutory interpretation (literal, golden, mischief)
    • Purposive approach to interpretation
    • Intrinsic and extrinsic aids to interpretation
    • Doctrine of precedent (stare decisis, ratio decidendi, obiter dicta)
    • Court hierarchy and its relevance to precedent
    • Methods of dealing with precedent (overruling, reversing, distinguishing)
    • Influences on law reform (political, public opinion, media, pressure groups, Law Commission)

    Examiner Tips

    Expert advice for maximising your marks

    • 💡Ensure you can support each type of delegated legislation with a specific example
    • 💡When discussing judicial precedent, be prepared to explain the civil and criminal court hierarchies
    • 💡Use relevant case law to illustrate types of precedent and judicial methods
    • 💡For law reform, focus on specific influences and provide supported examples of Acts they have brought in or amended
    • 💡Understand the role of the Law Commission and their working process
    • 💡When answering questions on parliamentary law making, always refer to specific examples of recent Acts (e.g., the Coronavirus Act 2020) to show application of knowledge. Examiners reward use of contemporary examples.
    • 💡For judicial precedent, be precise about the hierarchy of courts. Know which courts bind which—for instance, the Court of Appeal binds the High Court, but the Supreme Court can overrule the Court of Appeal.
    • 💡In statutory interpretation questions, always state the rule, give its definition, and then apply it to the facts. Use case names (e.g., Whitely v Chappell for the literal rule) to support your points.

    Common Mistakes

    Pitfalls to avoid in your exam answers

    • Providing overly detailed accounts of the Parliament Acts 1911 & 1949
    • Including unnecessary detail on pre-legislative procedures in either House
    • Covering commencement of legislation
    • Providing excessive detail on procedures, locus standi, or remedies for judicial review
    • Attempting to explain influences on law reform in more than outline detail
    • Misconception: All bills start in the House of Commons. Correction: While most public bills start in the Commons, some may start in the House of Lords, especially if they are less controversial or technical.
    • Misconception: The Supreme Court can overrule Acts of Parliament. Correction: Due to parliamentary sovereignty, UK courts cannot strike down primary legislation; they can only interpret it. This differs from countries with a written constitution.
    • Misconception: Precedent means all courts must follow all previous decisions. Correction: Only the ratio decidendi of a higher court is binding on lower courts. Obiter dicta and decisions of lower courts are persuasive but not binding.

    Frequently Asked Questions

    Common questions students ask about this topic

    Before You Start

    Prior knowledge that will help with this topic

    • •The nature of law: Understanding what law is, its functions, and the distinction between criminal and civil law provides a foundation for how laws are made.
    • •The English legal system: Knowledge of court hierarchy and the roles of judges and Parliament is essential before studying law making in depth.
    • •Basic constitutional principles: Familiarity with concepts like the separation of powers and the rule of law helps contextualise the law-making process.

    Likely Command Words

    How questions on this topic are typically asked

    Explain
    Describe
    Discuss
    Discuss the extent to which

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