L4: Sources of Law
Where law comes from: Parliament, the courts, EU law and the European Convention on Human Rights
Sources of Law
Where law comes from: Parliament, the courts, EU law and the European Convention on Human Rights
Key Fact: The main sources of law in England and Wales are statute law, common law, delegated legislation and international treaties
Key Fact: Statute law is made by Parliament — Acts of Parliament are the highest form of domestic law
Key Fact: Common law is developed through judicial decisions — judges interpret statutes and create law in new areas
Key Fact: Delegated legislation is law made by bodies authorised by Parliament (e.g. statutory instruments, by-laws)
Key Fact: Parliamentary sovereignty means Acts of Parliament override all other domestic sources of law
Key Fact: The Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into UK law
Key Fact: EU law had supremacy over UK law while the UK was a member — after Brexit, retained EU law continues to apply unless changed
Key Fact: The doctrine of precedent (stare decisis) ensures that lower courts follow decisions of higher courts
Key Fact: Law reporting ensures that legal decisions are recorded and accessible for future cases
Key Fact: Statutes are interpreted by judges using rules: the literal rule, golden rule and mischief rule
Key Fact: Parliament can make or unmake any law — no Parliament can bind a future Parliament
Key Fact: The legislative process involves both Houses of Parliament and Royal Assent before an Act becomes law
📋 Key Vocabulary and Concepts
For Sources of Law, you must know:
- Delegated legislation: Law made by bodies given authority by Parliament — includes statutory instruments, by-laws and Orders in Council
- Statutory instrument: The most common type of delegated legislation — made by government ministers under authority from an Act of Parliament
- Literal rule: A rule of statutory interpretation where judges give words their ordinary, plain meaning
- Golden rule: A rule of statutory interpretation where judges modify the literal meaning to avoid an absurd result
- Mischief rule: A rule of statutory interpretation where judges identify the problem (mischief) the Act was meant to fix and interpret accordingly
- Stare decisis: 'Let the decision stand' — the principle that precedent must be followed by lower courts
❓ Practice Questions
Q: What are the main sources of law in England and Wales?
Q: How does the doctrine of precedent work?
Q: What is the difference between the literal rule and the mischief rule?
Q: Why is delegated legislation necessary?
Q: How did the Human Rights Act 1998 change UK law?
✅ Answers
- Statute law (Acts of Parliament), common law (judge-made law), delegated legislation (made under parliamentary authority) and international treaties (ECHR).
- Courts must follow decisions of higher courts in similar cases. The ratio decidendi (reason for the decision) is binding; obiter dicta (other comments) are persuasive only.
- The literal rule gives words their ordinary meaning regardless of outcome; the mischief rule identifies the problem Parliament intended to fix and interprets the Act to remedy it.
- Parliament lacks the time and expertise to make all laws in detail. Delegated legislation allows ministers and local authorities to make technical rules quickly under the authority of an enabling Act.
- It incorporated the ECHR into UK law, meaning UK courts can declare legislation incompatible with human rights (though they cannot override it), and public bodies must act compatibly with Convention rights.
🎯 Exam Tips
- Know all the sources of law and be able to rank them in the hierarchy
- The three rules of statutory interpretation are frequently tested — know each with an example
- Delegated legislation advantages and disadvantages are a common question
- Parliamentary sovereignty is a fundamental concept — explain it clearly and evaluate its limits
- The Human Rights Act 1998 is important — know how it works and its limits
📝 Exam Technique
GCSE Law Exam Tips — Sources of Law:
1. For Sources of Law questions, identify the relevant area of law and state the legal principles clearly
2. Apply legal rules to the facts of the scenario — don't just state the law
3. When evaluating, consider both the effectiveness and fairness of legal rules
4. Reference relevant cases and statutes when discussing Sources of Law
5. Consider reform proposals and alternative approaches where relevant
1. For Sources of Law questions, identify the relevant area of law and state the legal principles clearly
2. Apply legal rules to the facts of the scenario — don't just state the law
3. When evaluating, consider both the effectiveness and fairness of legal rules
4. Reference relevant cases and statutes when discussing Sources of Law
5. Consider reform proposals and alternative approaches where relevant
⚠️ Common Errors
✗ Saying common law is more important than statute law ✓ Under parliamentary sovereignty, statute law overrides common law — if a statute and common law conflict, the statute prevails
✗ Confusing delegated legislation with primary legislation ✓ Delegated legislation is made under authority from an Act of Parliament (the enabling/parent Act) — it is secondary, not primary, legislation
✗ Thinking the Human Rights Act allows courts to strike down Acts of Parliament ✓ Courts can only issue a 'declaration of incompatibility' — they cannot strike down legislation. Parliament must decide whether to amend it.
✗ Saying the literal rule always leads to injustice ✓ The literal rule promotes certainty and respects parliamentary sovereignty — it does not always produce injustice, though it sometimes can
✍️ Model Answer
Full-Mark Response
How far does parliamentary sovereignty limit the effectiveness of other sources of law? (15 marks)
Parliamentary sovereignty significantly limits the effectiveness of other sources of law because it ensures that Acts of Parliament override all other domestic law, but it does not make other sources irrelevant. Statute law's supremacy means that when a statute conflicts with common law, the statute prevails — Parliament can abolish or modify any common law rule. This means judges developing common law are always subject to parliamentary override, limiting the law-making power of the courts. The doctrine of implied repeal means that a newer Act automatically overrides an older one, preventing future Parliaments from being bound. Delegated legislation is entirely subordinate — it can be challenged in court if it exceeds the powers given by the enabling Act (ultra vires), and Parliament can revoke it at any time. However, other sources of law remain effective within their limits. Common law fills gaps where statute law has not addressed an issue, and judicial interpretation of statutes effectively shapes how legislation operates in practice. The Human Rights Act 1998, while not overriding parliamentary sovereignty, creates strong pressure on Parliament to comply with Convention rights through declarations of incompatibility. EU law, which previously had supremacy, continues as retained EU law after Brexit. Furthermore, political and international pressures effectively limit parliamentary sovereignty in practice — Parliament rarely legislates contrary to human rights or international obligations. Overall, parliamentary sovereignty strictly limits other sources of law in theory, but in practice, common law, the ECHR and political conventions all exert meaningful influence.
📊 AO Deep Dive
Assessment Objective Analysis
AO1 (Knowledge & Understanding): Demonstrate knowledge and understanding of sources of law, including key legal rules, principles and concepts relevant to OCR J271.
AO2 (Application): Apply knowledge and understanding of sources of law to legal scenarios and problems, using legal reasoning and analysis.
AO3 (Analysis & Evaluation): Analyse, evaluate and critique legal rules, principles and reform proposals related to sources of law, constructing balanced and supported arguments.
📝 Exam Questions by Topic
🎬 Video Resources
Ready to ace your GCSE Law exams?
Get the best revision books and guides to boost your grades.