How to Revise The Practice of Substantive Law — WJEC A-Level Law
The Practice of Substantive Law is a topic in the WJEC A-Level Law specification. This guide covers learning objectives, examiner tips, common mistakes, and key terminology to help you revise effectively.
Examiner Tips for The Practice of Substantive Law
- Ensure you can distinguish between rights and liberties.
- Be prepared to discuss the constitutional impact of the Human Rights Act 1998.
- Relate human rights law to the broader themes of law and society, morality, and justice as required by the specification.
- Ensure you can apply the legal rules and principles to hypothetical scenarios for Unit 3.
- Be prepared to analyse and evaluate the legal rules, principles, concepts, and issues for Unit 4.
- Use relevant case law and authority to substantiate your legal arguments.
- Demonstrate the ability to construct persuasive legal arguments, including recognizing where there are no clear precedents or conflicting precedents.
- Always identify the specific ECHR article relevant to the scenario.
Common Mistakes in The Practice of Substantive Law
- Failing to link public order issues to the relevant ECHR articles.
- Confusing the requirements for different police powers (e.g., stop and search vs. arrest).
- Providing generic definitions of defamation or harassment without applying the specific legal tests.
- Ignoring the 'proportionality' aspect when discussing the restriction of rights.
- Misunderstanding the scope of the Human Rights Act 1998 in relation to domestic law.
- Confusing the role of the EHRC with that of the European Court of Human Rights
Key Marking Points
- Distinction between rights and liberties
- Role of Parliament and the courts in regulating rights
- Entrenched nature of the Human Rights Act 1998
- Protection of rights within the UK constitution
- History, scope, and application of the European Convention on Human Rights
- Impact of the Human Rights Act 1998 as a UK Bill of Rights