Rules & laws (AQA GCSE Citizenship Studies): Revision Note

Nature of rules

• Rules are ways to organise and control events within an organisation

• Joining a group or organisation means you agree to abide by the rules of the organisation

  • Sanctions for breaking rules usually exist, and if you think you have been unfairly treated, you can use internal procedures and legal system to challenge the rules

  • Rules can usually be changed or amended by the members of the group or representatives of various groups coming together

• When playing football, you have to follow 'the rules of the game'

  • If you break the rules there are sanctions - two yellow cards and you are sent off

  • However, a football referee cannot walk down the street and give out red cards and expect the police to remove people

• Schools have rules which relate to behaviour and a dress code

  • When you're at school, you are expected to wear the school uniform at all times

  • However, you couldn’t be challenged for not wearing the uniform when on holiday

Nature of laws

• Laws are universal

  • They apply equally to everyone within a country

• They have passed through a lengthy legal process within the parliamentary system to become Acts of Parliament

  • Courts have a duty to apply the law

  • Case law further defines and clarifies Acts of Parliament and is used in future cases to help juries and judges make consistent decisions

• Trial by  jury is a historic principle of English justice

  • People accused of a crime should be ‘judged’ by other citizens

  • The role of the judge in a jury trial is to explain key points of law to the jury and determine the sentence if the person is found guilty by the jury

Fairness, justice and discrimination

• The legal system in the UK has been built around three core principles

• Justice relates to a legal system in which every person is treated equally and has full access to their legal rights

• Fairness means that people are treated equally by the law and have the opportunity to present their case

  • Procedural fairness  relates to the legal process - what happens during a criminal investigation and court case

  • Substantive fairness relates to the outcomes of a case

• Avoidance of discrimination means treating everyone fairly and equally by not acting in a way that disadvantages people because of who they are

  • This element has evolved over time and continues to be developed

  • Some changes have occurred by changing attitudes in society, other changes by legislation

  • Examples include the role of women and their rights in society changing dramatically in the last two hundred years, recognition of the rights of children and the passing of laws regarding race relations