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GCSE Citizenship Studies · key term
Law developed through judges’ decisions in court cases, rather than made through legislation.
Used by AQA and Edexcel
Paper 2
Revise: Common Law and LegislationSome rules develop through decisions made by judges; others are made by Parliament. These two sources of law are common law and legislation. They work together within the legal system.
Paper 1, Paper 2
Law developed through judges’ decisions in court cases, also called case law.
When explaining a difference, compare both sources of law directly: judges develop common law through cases, whereas Parliament makes statute law through legislation.
Use an example to support your explanation, such as Donoghue v Stevenson (1932) for common law or the Theft Act 1968 for legislation.
Do not describe common law and legislation as separate legal systems: judges apply and interpret legislation, and Parliament can change common-law rules.
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Common law, also called case law, develops through decisions made by judges. A decision can establish a precedent: a legal principle used when later courts decide similar cases. Precedents from higher courts can bind lower courts.
