GCSE citizenship: sources of law explained

Where laws come from, explained

The most important source is statute law: Acts of Parliament. A proposal starts as a bill, which is debated and amended in the House of Commons and the House of Lords, usually through several stages in each House. When both Houses agree the text, the monarch gives Royal Assent, which by long convention is never refused (the last refusal was in 1708), and the bill becomes an Act. Under the principle of parliamentary sovereignty, Parliament can make or change any law, and no court can strike down an Act. Courts can, however, declare that an Act is incompatible with one of the rights protected by the Human Rights Act, leaving Parliament to decide what to do.

Much law is not written by Parliament itself. Delegated, or secondary, legislation is made by ministers or other bodies using powers that an Act of Parliament gives them. Statutory instruments, for example, set out detailed rules such as technical requirements for vehicles, while local councils use their powers to make by-laws, for instance rules about how a park or beach may be used. This is faster and leaves Parliament free to deal with principles, but critics worry that it can receive less scrutiny. Delegated law is always limited by the Act that allows it, and courts can strike it down if it goes beyond those powers.

Common law is law made by judges through their decisions in cases rather than written in an Act. Courts follow the principle of precedent: a decision by a higher court usually has to be followed by lower courts in similar cases, which gives consistency. A famous example is the 1932 case in which a woman said she had found the remains of a snail in a bottle of ginger beer, which established that manufacturers owe a duty of care to consumers. Murder is also a common law offence in England and Wales, defined by cases, not by a single Act. Judges also interpret Acts when the wording is unclear. If Parliament disagrees with a decision, it can pass a new Act to change the law.

Other sources exist alongside these. When the UK was in the European Union, EU law took priority over conflicting UK law in the areas it covered. Since the UK left, much of that law was kept in force so that there would be no gaps; it was called retained EU law and since 2024 has been called assimilated law, which Parliament and courts can change. International agreements also matter. The European Convention on Human Rights has effect in the UK through the Human Rights Act 1998. And the devolved parliaments in Scotland, Wales and Northern Ireland make laws in their own areas.

Putting it together, pupils learn a rough order of priority: Acts of Parliament sit at the top of domestic law, delegated legislation must stay within its Act, and common law can be changed by statute. They are also asked how well the system serves society. Law needs to be clear, accessible and consistent, and it needs to be updated as society changes, which is what bodies that review the law, campaign groups and the media often press for.

Words your child will hear

Statute

A written law passed by Parliament, also called an Act of Parliament.

Bill

A proposed law that is still going through Parliament.

Royal Assent

The formal approval by the monarch that turns a bill into an Act.

Delegated legislation

Detailed rules made by ministers or other bodies under powers given by an Act, such as statutory instruments and by-laws.

Common law

Law developed by judges through decisions in cases.

Precedent

A past court decision that later courts usually follow in similar cases.

Parliamentary sovereignty

The principle that Parliament is the highest source of law and can make or change any law.

What the National Curriculum says

The programme of study for Key Stage 4 says:

• Pupils should be taught about the legal system in the UK, different sources of law and how the law helps society deal with complex problems
• Aim: pupils develop a sound knowledge and understanding of the role of law and the justice system in our society and how laws are shaped and enforced.

Objectives from the National Curriculum in England, © Crown copyright, used under the Open Government Licence v3.0.

Try it: where does each rule come from?

Common mistakes and how to help

How to help at home

• Sort the sources in the news. When a new law or court ruling appears in the news, work out which source it is: a new Act, a statutory instrument, or a judge’s decision. If you cannot tell, that is a good question to look up together.
• Spot by-laws on a walk. Signs in parks, car parks and town centres often mention restrictions made by the council. Ask who has the power to make that rule and where the limits are.
• Make a family precedent. Ask whether a previous decision at home, such as allowing a late bedtime on a special occasion, should be followed next time. It is a gentle way to discuss consistency and when a precedent should be departed from.
• Follow one bill. Choose a bill in the news and follow it through its stages over some weeks. Ask what has changed from the first version, and who has argued for each change.
• Draft a short rule. Ask your teenager to write a one-sentence rule for a shared space, then try to find loopholes in each other’s rules. It shows why judges sometimes have to interpret wording.

Related topics

Everything in Key Stage 4 citizenship