English Legal System And Its Context: The Role Of Law In Society (Copy)
English Legal System And Its Context: The Role Of Law In Society
Case Precedents & Statutes Sheet (AS Level Law – England and Wales)
Core Authorities Defining the Role of Law in Society
| Authority | Court / Body | Societal Role of Law | Exam Focus |
|---|---|---|---|
| Dicey – Rule of Law | Constitutional authority | Law controls state power and protects citizens | Foundation role |
| Entick v Carrington (1765) | King’s Bench | Law restrains government intrusion | Protection of liberty |
| R (Miller) v Prime Minister (No 2) (2019) | UK Supreme Court | Law upholds constitutional order | Democratic stability |
| Human Rights Act 1998 | Parliament | Law safeguards fundamental rights | Social protection |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Law as a Means of Social Control
| Case / Statute | Court / Body | How Law Controls Society | Exam Use |
|---|---|---|---|
| R v Brown (1993) | House of Lords | Criminal law restricts harmful conduct | Maintaining order |
| Shaw v DPP (1962) | House of Lords | Law enforces social standards | Morality control |
| Criminal Justice Act 2003 | Parliament | Punishment and deterrence | Behaviour regulation |
| Public Order Act 1986 | Parliament | Regulates public behaviour | Prevents disorder |
- Criminal law:
- Sets boundaries of acceptable behaviour
- Uses punishment to deter wrongdoing
- Protects public interest
Law as a Means of Dispute Resolution
| Case / Statute | Court | Role of Law | Exam Focus |
|---|---|---|---|
| Donoghue v Stevenson (1932) | House of Lords | Resolves private disputes | Civil justice |
| Carlill v Carbolic Smoke Ball Co (1893) | Court of Appeal | Enforces agreements | Certainty in relations |
| Civil Procedure Rules 1998 | Parliament | Fair and efficient dispute handling | Access to justice |
| Arbitration Act 1996 | Parliament | Alternative dispute resolution | Social efficiency |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Law Protecting Individual Rights and Liberties
| Case / Statute | Court / Body | Social Protection | Exam Link |
|---|---|---|---|
| Entick v Carrington (1765) | King’s Bench | Protection from unlawful state action | Liberty |
| A v Secretary of State for the Home Department (2004) | House of Lords | Protection against arbitrary detention | Human dignity |
| Belmarsh Detainees Case (2004) | House of Lords | Liberty upheld | Rights protection |
| Human Rights Act 1998 | Parliament | Rights enforceable domestically | Modern role |
Law Supporting Social Change and Development
| Case / Statute | Court / Body | Social Change Achieved | Exam Focus |
|---|---|---|---|
| R v R (1991) | House of Lords | Modernised criminal law | Evolving society |
| Sexual Offences Act 1967 | Parliament | Decriminalised homosexuality | Changing values |
| Equality Act 2010 | Parliament | Anti-discrimination protection | Social equality |
| Abortion Act 1967 | Parliament | Legal response to moral change | Social compromise |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Law Maintaining Order and Stability
| Authority | Court / Body | Stabilising Role | Exam Use |
|---|---|---|---|
| Police and Criminal Evidence Act 1984 | Parliament | Regulates police powers | Balanced control |
| R v Sussex Justices, ex parte McCarthy (1924) | King’s Bench | Public confidence in justice | Trust in system |
| R (Unison) v Lord Chancellor (2017) | UK Supreme Court | Courts accessible to all | Legal legitimacy |
Law as a Limitation on Power (Checks and Balances)
| Case / Statute | Court / Body | Limitation Function | Exam Focus |
|---|---|---|---|
| Entick v Carrington (1765) | King’s Bench | Executive accountability | Power restraint |
| Jackson v Attorney General (2005) | House of Lords | Limits to parliamentary power | Constitutional balance |
| R (Miller) v Secretary of State for Exiting the EU (2017) | UK Supreme Court | Executive constrained by law | Democratic control |
| Human Rights Act 1998 | Parliament | Government subject to rights | Accountability |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Law and Social Justice — Supportive and Critical Authorities
| Issue | Authority | Role of Law | Evaluation Use |
|---|---|---|---|
| Access to justice | R (Unison) v Lord Chancellor | Removes barriers | Positive role |
| Over-criminalisation | Shaw v DPP | Excessive moral control | Critical view |
| Equality | Equality Act 2010 | Fair treatment | Justice promotion |
| Security vs liberty | Belmarsh Case | Law protects rights | Balance |
Ultra-Condensed Exam Recall Grid
| Social Role | Authority | Memory Hook |
|---|---|---|
| Control behaviour | R v Brown | Deterrence |
| Resolve disputes | Donoghue v Stevenson | Civil justice |
| Protect liberty | Entick v Carrington | Freedom |
| Enable change | R v R (1991) | Evolution |
| Limit power | Miller (2017/2019) | Accountability |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course