A-Level Law - English Legal System & Criminal Law

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Rule of Law

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A fundamental principle ensuring that everyone is subject to the law, including those in power. It implies equality before the law, accountability, and the fair application of legal rules to prevent arbitrary governance.

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Judicial Precedent (Stare Decisis)

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A source of law where lower courts must follow the decisions of higher courts within the same hierarchy. The ratio decidendi (the reason for the decision) is binding, while obiter dicta (statements 'by the way') are persuasive.

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Ratio Decidendi vs. Obiter Dicta

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Ratio decidendi refers to the legal principle or reasoning essential to the court's decision, creating binding precedent. Obiter dicta are supplementary comments or observations made by a judge that are not necessary for the decision and are persuasive only.

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Hierarchy of the Courts (UK)

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The structure determines precedent binding force: Supreme Court (highest, binds all) > Court of Appeal (Civil and Criminal divisions) > High Court > Crown Court > Magistrates' Court. The European Court of Justice influenced this historically but is now less significant post-Brexit.

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Law Reporting

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The official recording of court decisions for public reference. Essential for the operation of precedent as judges need access to previous rulings. Key series include The Law Reports, Weekly Law Reports, and All England Law Reports.