Principles & Sources of Law (Edexcel GCSE Citizenship Studies): Revision Note

Fundamental principles of law

• The basis of law in the UK has developed over time

• Key concepts are

  • No person or government is above the law

  • Legal certainty

    • People must believe that laws are fair and can be applied in a predictable way

  • Laws are properly enacted and clear in their purpose

  • Laws cannot be retrospective

    • You can be charged for something that was not illegal at the time

  • There must be  due legal process

    • You cannot be arrested without charge

    • You have a right to a trial, to legal advice, the right to defend yourself and the right not to speak

    • If found guilty, you have the right of appeal against the conviction or sentence

• In 2023 the House of Lords described the ‘rule of law’  as ‘vitally important to the health of democracy’

Core principles

• 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

Presumption of innocence

• The justice system in the UK works on the principle that the accused person has a presumption of innocence

  • This means it is up to the state to prove to the court that the accused is guilty of the offence for which they are charged

• Beyond reasonable doubt is the highest legal standard of proof in a  criminal case

  • It means that a person considering all the evidence believes that the person is clearly guilty

• In civil cases the standard of proof is lower

  • This means a person can be found not guilty in a criminal court but lose in a civil court about the same issue

  • E.g. In 2015 in Scotland a man was found not guilty of rape. In 2018 the victim in the case brought a civil court case. The court found in her favour and she was awarded damages

Legal systems in the UK

• The UK does not have one single legal system

  • England and Wales share one legal system

    • Laws passed by the UK Parliament apply across England and Wales

    • The courts and legal procedures are the same in both countries

  • Scotland has a separate legal system

    • Scottish law is based on a different legal tradition with its own courts and judges

    • Some laws and legal processes in Scotland differ from those in England and Wales

    • For example, Scotland has a different jury system and verdict options

  • Northern Ireland also has a separate legal system

    • It has its own courts and legal procedures

    • Laws reflect Northern Ireland’s specific history and circumstances

• Despite differences, there are similarities across the UK

  • All systems are based on the rule of law

  • All aim to ensure fairness, justice and protection of rights

Sources of law

Common law

• Common law is law that develops through the decisions made by judges in court cases

• When judges interpret existing law and make rulings, these decisions can create precedents

  • Future judges usually then follow these when making later decisions in court

• Common law is flexible

  • Judges can adapt how the law is applied as society’s values change, even when Parliament has not passed a new law

Examples of common law

Legislation

• Legislation, also known as statute law, is law made by Parliament in the form of an Act of Parliament

  • These laws set out rules, offences, rights and punishments in written form

• Legislation is clear and authoritative, as it represents the will of Parliament, which is democratically elected

  • However, it can take time to change because it must go through the full parliamentary process

Example of legislation

The relationship between common law and legislation

• Common law and legislation work together

  • Judges apply and interpret legislation in court

  • In doing so they may develop common law to clarify unclear wording or apply laws to new situations

• Common law often highlights areas where legislation is out of date or unclear

  • Parliament may then take steps to update or change the law

  • This makes the legal system both stable and adaptable