Sources of law and law making — AS & A Level Law (9084) questions by topic
Delegated legislation, judicial precedent, statutory interpretation and law reform make up this foundational topic, tested across 33 real questions from 2023 to 2025 papers with marks from 1 to 25.
Identify and describe want named examples with brief detail, while discuss on questions about precedent or interpretation needs supported evaluation tied directly to the question, not a repeat of the knowledge given in an earlier part. Because weaker responses are repeatedly flagged for restating earlier points without development, drafting a discuss answer and checking it against the mark scheme immediately shows whether an avoidance technique such as distinguishing has been used as genuine evaluation.
What examiners look for
- A recurring criticism is confusing statutory instruments with statutory interpretation, or suggesting they are made by local councils and authorities.
- Examiners repeatedly note responses that repeat the knowledge points from an earlier part with little or no development when asked to evaluate disadvantages.
- Reports flag confusion about the Court of Appeal's position regarding the Practice Statement, with candidates wrongly believing the Court of Appeal can use it.
- Strong answers discuss disadvantages of precedent such as rigidity and the difficulty of finding the ratio decidendi, supported by legal authority and development.
- Strong responses use avoidance techniques, including distinguishing, overruling and the Practice Statement 1966, as the basis for evaluation of how far precedent limits the development of the law.
May–June 2025, Paper 11
Identify one case in which the mischief rule of statutory interpretation was used by a judge. [1]
Answer this question and get it marked →Explain the powers of the Supreme Court to depart from otherwise binding precedent. [10]
Answer this question and get it marked →Explain what is meant by parliamentary supremacy. [10]
Answer this question and get it marked →May–June 2025, Paper 12
Identify two common law rules used by judges to interpret statutes. [2]
Answer this question and get it marked →Discuss the disadvantages of the legislative process in Parliament. [10]
Answer this question and get it marked →May–June 2025, Paper 13
Identify one case in which the mischief rule of statutory interpretation was used by a judge. [1]
Answer this question and get it marked →Explain the powers of the Supreme Court to depart from otherwise binding precedent. [10]
Answer this question and get it marked →Explain what is meant by parliamentary supremacy. [10]
Answer this question and get it marked →May–June 2024, Paper 11
Identify five sources of persuasive precedent. [5]
Answer this question and get it marked →Explain the literal and mischief rules of statutory interpretation. [10]
Answer this question and get it marked →May–June 2024, Paper 12
Identify two cases in which the Supreme Court or the House of Lords used the Practice Statement. [2]
Answer this question and get it marked →Explain the intrinsic and extrinsic aids used by judges in statutory interpretation. [10]
Answer this question and get it marked →May–June 2024, Paper 13
Identify three rules of language used in statutory interpretation.
Answer this question and get it marked →Define ratio decidendi and obiter dicta.
Answer this question and get it marked →Explain the different types of delegated legislation, giving examples of their use.
Answer this question and get it marked →October–November 2024, Paper 11
Explain the stages through which a bill passes in the House of Commons. [10]
Answer this question and get it marked →October–November 2024, Paper 12
Identify one extrinsic aid used in statutory interpretation. [1]
Answer this question and get it marked →Identify two influences on parliamentary law making. [2]
Answer this question and get it marked →October–November 2024, Paper 13
Explain the stages through which a bill passes in the House of Commons. [10]
Answer this question and get it marked →May–June 2023, Paper 11
Most English law is made through delegated legislation in the form of statutory instruments. (a) Describe how statutory instruments are made and controlled. [10]
Answer this question and get it marked →May–June 2023, Paper 12
Identify five of the stages a bill must go through to become an Act of Parliament. [5]
Answer this question and get it marked →(a) Explain the powers of the Court of Appeal to depart from an otherwise binding precedent. [10]
Answer this question and get it marked →May–June 2023, Paper 13
Describe two types of delegated legislation. [6]
Answer this question and get it marked →(a) Describe how the literal rule and purposive approach help judges interpret statutes. [10]
Answer this question and get it marked →October–November 2023, Paper 11
Explain how the influences of political pressure, the media and pressure groups influence Parliament when making law. [10]
Answer this question and get it marked →Explain binding, persuasive and original precedent. [10]
Answer this question and get it marked →October–November 2023, Paper 12
Discuss the disadvantages of judicial precedent. [10]
Answer this question and get it marked →Explain the ways delegated legislation is controlled. [10]
Answer this question and get it marked →Explain the role of the Law Commission. [10]
Answer this question and get it marked →October–November 2023, Paper 13
Explain how the influences of political pressure, the media and pressure groups influence Parliament when making law. [10]
Answer this question and get it marked →Explain binding, persuasive and original precedent. [10]
Answer this question and get it marked →Other AS & A Level Law topics
- The English legal system (73)
- The law of tort (63)
- The law of contract (59)
- Criminal law (43)
- The nature of law (8)