Development of English law | OCR A-Level Law

For Specification H418

OCR A-Level Law | Free Revision Notes

Estimated study time: 40 minutes

Development of English law A-Level Law revision examines how the law of England and Wales has developed through custom, common law and statute law. OCR requires an overview of all three and an understanding of their development and application. This builds on your understanding of legal rules [Law and rules] and civil and criminal law [Civil and criminal law]. It also connects directly with earlier work on judicial precedent and parliamentary law making, helping you see English law as a legal system that has developed through different law-making processes.

Learning Objectives 🎯

By the end of this revision page, you should be able to:

• Explain the place of custom in the development of English law.

• Explain how common law develops through judicial decisions.

• Explain how statute law develops through parliamentary law making.

• Distinguish custom, common law and statute law.

• Explain the role each has played in the development of English law.

• Apply knowledge of the three forms when discussing the changing nature of law.

Revision Notes 📚

The development of English law

OCR specifically requires:

• an overview of the development of English law through custom

• common law

• statute law

• understanding of the development and application of each area of law.

These three forms help explain how English law has developed rather than appearing as one complete system all at once.

The broad pattern you need to recognise is:

custom → common law developed through the courts → statute law made through the parliamentary legislative process

However, do not treat this as meaning that one form simply disappeared when another developed. The OCR course continues to require detailed study of both judge-made law through precedent and legislation through Parliament.

Custom

OCR expressly identifies custom as part of the overview of the development of English law.

For this specification, the important point is to recognise custom as an early element in the development of English law and to distinguish it from the later methods of developing law through judicial decisions and parliamentary legislation.

Why custom matters to the development of English law

Custom matters because OCR includes it as one of the three elements students must recognise when explaining how English law developed.

Its role should therefore be understood mainly in historical context.

When answering a question about the changing nature or origins of English law, you should be able to identify:

1. custom as part of its earlier development;

2. common law as law developed through judicial decisions;

3. statute law as law produced through parliamentary legislation.

⚠️ For OCR H418, there is no need to turn this into a detailed historical study of customary law.

Common law

Common law is closely associated within the OCR course with law developed through decisions made by judges.

OCR's judicial precedent content requires knowledge of:

• stare decisis

• ratio decidendi

• obiter dicta

• the hierarchy of the courts

• binding, persuasive and original precedent

• overruling

• reversing

• distinguishing.

OCR mark schemes also expressly refer to areas of law being developed by the judiciary and to judge-made law.

This provides the key to understanding common law within the development of English law.

How common law develops

Common law develops through judicial decisions.

When courts decide cases, the legal reasoning contained in those decisions can influence later cases through the doctrine of precedent.

You studied this in the doctrine of precedent [The doctrine of precedent].

Two terms are especially important:

• ratio decidendi, the legal reasoning which forms the binding part of a precedent

• obiter dicta, other statements made by the judge which are not binding but may be persuasive

OCR also requires knowledge of the court hierarchy because whether a precedent is binding depends upon the relationship between the courts.

Precedent and the development of common law

Common law is not simply a collection of isolated decisions. Judicial precedent provides a system through which decisions can influence later cases.

The OCR course requires you to understand several mechanisms.

Binding precedent

A binding precedent must be followed where the rules of precedent require it.

This allows legal principles developed in earlier decisions to continue to apply in later cases.

Persuasive precedent

A persuasive precedent does not have to be followed but may influence a court.

Original precedent

OCR also identifies original precedent, showing that judicial decisions can be relevant where a new legal issue must be resolved.

These forms are studied fully in types of precedent [Types of precedent].

How judges can develop common law

OCR requires students to understand several techniques used by judges when dealing with precedent:

• overruling

• reversing

• distinguishing.

These mechanisms are important to the development of English law because the common law is not completely fixed.

For example, overruling allows a legal principle established in an earlier case to be replaced by a different principle in a later case where the relevant court has authority to do so.

Distinguishing allows a court to avoid applying an earlier precedent where the material facts are sufficiently different.

Together, these techniques help explain why common law can both provide continuity and develop over time.

You can revise these mechanisms in overruling, reversing and distinguishing [Overruling, reversing and distinguishing].

The role of common law

Within the development of English law, common law demonstrates the importance of the judiciary as a law-making influence.

Judicial decisions can:

• establish legal principles;

• apply existing principles to new disputes;

• create original precedents where appropriate;

• develop existing rules through recognised precedent techniques.

OCR's Nature of Law material is synoptic, so understanding this role helps connect your study of the nature of law with your earlier work on legal method and judicial precedent. The specification expects students to draw together knowledge from across the course when answering Nature of Law questions.

Statute law

Statute law is associated with law created through the parliamentary legislative process.

OCR's law-making content requires knowledge of:

• Green and White Papers;

• different types of Bill;

• legislative stages in the House of Commons;

• legislative stages in the House of Lords;

• the role of the Crown.

Students must also understand Public Bills, Private Bills and Private Members' Bills.

This means that statute law represents a different method of developing English law from common law.

How statute law develops

Legislation develops through the parliamentary law-making process.

A Bill progresses through the relevant stages of Parliament and the role of the Crown forms part of that legislative process.

Once studying the process in detail, you should connect it with types of Bill [Types of Bill] and legislative stages [Legislative stages].

The important Nature of Law point is:

common law develops through judicial decisions, whereas statute law develops through legislation.

Parliament and legal change

The OCR course also requires knowledge of influences on Parliament, including:

• political influences;

• public opinion;

• the media;

• pressure groups;

• lobbyists;

• the Law Commission.

OCR requires supported examples of Acts which particular influences have helped to introduce or amend.

This shows an important role played by statute law in the development of English law: legislation provides a mechanism through which legal rules can be introduced and amended in response to law-making influences.

The role of statute law

Statute law has played an important role because Parliament can make and change legal rules through legislation.

Within OCR H418, legislation appears throughout substantive law. The qualification itself requires students to develop legal arguments using both legislation and case law, showing the importance of statutory and judicial sources within the modern English legal system.

The development of English law therefore involves more than one law-making institution:

• courts contribute through common law and precedent;

• Parliament contributes through statute law.

Common law and statute law are connected

Common law and statute law should not be treated as completely isolated systems.

One of the clearest connections comes from statutory interpretation.

OCR requires knowledge of:

• the literal rule;

• the golden rule;

• the mischief rule;

• the purposive approach;

• intrinsic and extrinsic aids.

This demonstrates the interaction between Parliament and the judiciary.

Parliament produces legislation, but courts may subsequently need to interpret and apply that legislation when deciding cases.

The resulting judicial decisions may themselves become precedents.

So English law can develop through an interaction between:

legislation → interpretation by courts → judicial precedent

This is a particularly useful connection to recognise in synoptic Nature of Law answers.

Custom, common law and statute law compared

Form	Role in the development of English law	Key OCR connection
Custom	Identified by OCR as part of the historical development of English law	Overview required, but detailed customary-law rules are not specified
Common law	Develops through judicial decisions and judge-made law	Judicial precedent
Statute law	Develops through parliamentary legislation	Parliamentary law making
Interaction	Courts interpret legislation and judicial decisions may form precedents	Statutory interpretation and precedent

The key examination skill is to explain how each contributes differently, rather than simply listing the three names.

From custom to a developed legal system

The OCR specification describes the course as one which develops awareness of the changing nature of law.

The development of English law illustrates that changing nature.

At the overview level required here:

1. Custom forms part of the historical development of English law.

2. Common law demonstrates the development of law through judicial decisions.

3. Statute law demonstrates the development of law through legislation.

4. Common law and statute law continue to interact through processes such as statutory interpretation and judicial precedent.

This is more useful than treating the topic as a set of dates. OCR requires understanding of the development and application of the three areas, not an extensive chronological history.

Why common law is important to the changing nature of law

Judicial precedent allows legal rules to continue across cases while also providing recognised methods for dealing with earlier authorities.

The OCR syllabus therefore connects the historical development of common law with the modern operation of:

• binding precedent;

• persuasive precedent;

• original precedent;

• overruling;

• reversing;

• distinguishing.

This shows how the judiciary can contribute to the continuing development of law.

Why statute law is important to the changing nature of law

Statute law demonstrates a different route to legal development.

Rather than waiting for an appropriate dispute to reach the courts, legislation is made through the parliamentary process.

OCR's study of law reform also shows that Parliament can be influenced by political pressures, public opinion, the media, pressure groups, lobbyists and the Law Commission.

Statute law can therefore be understood as an important method through which the formal law can be introduced or amended.

The development of English law in an examination

If this topic is relevant to a wider Nature of Law question, a useful structure is:

1. Identify the form of law, custom, common law or statute.

2. Explain how it contributes to legal development.

3. Where relevant, connect common law to judicial precedent.

4. Connect statute law to Parliament and legislation.

5. Explain the relationship between the methods rather than treating them as unrelated facts.

6. Link the example back to the specific Nature of Law concept in the question.

This last step is especially important.

For example, if the question concerns the changing nature of law, do not simply describe the parliamentary stages or list precedent terminology. Explain how those mechanisms allow English law to develop.

Link to the rule of law

Understanding where legal rules come from also prepares you for the rule of law [The rule of law].

The next lesson moves away from the sources and development of particular legal rules and considers a wider principle underpinning the legal system, including its relationship with justice and human rights.

Key Words 🔑

Key word	Student-friendly definition	How it may be used in an exam
Custom	One of the forms OCR identifies in its overview of the historical development of English law.	Use when explaining the different elements involved in the development of English law.
Common law	Law developed through judicial decisions and judge-made law.	Link to judicial precedent and the role of judges in developing legal principles.
Statute law	Law developed through legislation made using the parliamentary legislative process.	Link to Parliament, Bills and legislative change.
Judicial precedent	The system through which previous judicial decisions influence or bind later courts.	Use when explaining how common law develops and operates.
Legislation	Law produced through the legislative process.	Use when explaining the development and role of statute law.

Hints from the Examiner Reports 💡

No examiner report directly addressing Development of English law as a standalone Section A question was identified in the provided reports. However, the reports contain useful advice about using material such as common law and statute law within wider Nature of Law essays.

Examiner hint: Do not reproduce a prepared essay regardless of the question. OCR's 2023 report found that weaker Section A answers were often pre-prepared responses that had not been adapted to the precise issue being asked.

Examiner hint: Use material from elsewhere in the legal system to illustrate your Nature of Law argument, then explain the connection. OCR's 2025 report states that merely listing areas of law after explaining a concept does not gain the relevant analysis marks. The link must be developed.

Examiner hint: Be selective. The 2025 report praised candidates who chose relevant law and authority rather than rehearsing everything they knew about a topic.

Examiner hint: Examples from different parts of the specification can be highly effective when used appropriately. OCR's 2023 Section A report noted that stronger responses successfully drew upon material from different subject areas to illustrate wider legal concepts.

Common Mistakes ⚠️

Mistake: Treating custom, common law and statute law as three names for the same thing

Why this is incorrect: OCR identifies them separately within its overview of the development of English law.

How to improve: Remember the basic distinction: custom has a historical role, common law is associated with judicial development, and statute law with parliamentary legislation.

Mistake: Learning detailed rules about custom that OCR does not require

Why this is incorrect: The specification requires an overview but does not provide detailed tests, historical customs or specified custom cases.

How to improve: Keep custom at the overview level required by the specification unless further OCR material supplied for your course expressly requires additional detail.

Mistake: Describing common law without mentioning judicial precedent

Why this is incorrect: OCR's study of common law development is closely connected to its detailed requirements on judicial precedent, including binding, persuasive and original precedent and the techniques used by judges.

How to improve: When explaining common law, make the connection to judicial decisions and precedent explicit.

Mistake: Saying judges and Parliament develop law in exactly the same way

Why this is incorrect: Their methods are different. Judges develop law through decisions and precedent, while Parliament makes legislation through the legislative process.

How to improve: Compare judicial law making with parliamentary law making rather than combining them.

Mistake: Treating statute law as completely separate from the courts

Why this is incorrect: OCR also requires statutory interpretation. Courts may have to interpret legislation when deciding cases.

How to improve: Remember the interaction: Parliament legislates, courts interpret and apply legislation, and judicial decisions can contribute to precedent.

Mistake: Giving a long description of precedent in a Nature of Law answer without linking it to the question

Why this is incorrect: Examiner reports repeatedly emphasise that material from other areas of law must be connected to the specific Nature of Law issue being discussed.

How to improve: After describing the example, add a sentence explaining exactly what it demonstrates about the development or changing nature of English law.

Exam-Style Questions ✍️

Question 1

Identify the three forms included by OCR in its overview of the development of English law. (3 marks)

Question 2

State which form of English law is most directly associated with judicial precedent. (1 mark)

Question 3

Explain how judicial precedent contributes to the development of common law. (4 marks)

Question 4

Explain how statute law contributes to the development of English law. (4 marks)

Question 5

Explain two differences between common law and statute law as methods through which English law develops. (6 marks)

Question 6

A new Act has been passed following the parliamentary legislative process. Later, a dispute arises about the meaning of part of the Act and the courts are required to interpret and apply its wording.

Using your knowledge of the development of English law, explain what this situation demonstrates about the relationship between statute law and common law. (6 marks)

Question 7

A student writes:

"Once Parliament began making statute law, judges stopped contributing to the development of English law."

Explain why this statement does not accurately reflect the OCR course. (6 marks)

Question 8

Discuss the role played by custom, common law and statute law in the development of English law. (20 marks)

Your answer should draw together relevant knowledge from across your study of the English legal system and the nature of law.

Answers and Indicative Mark Scheme

Question 1

Award 1 mark each for:

• custom

• common law

• statute law

Total: 3 marks

Question 2

Common law. (1 mark)

Question 3

Award up to 4 marks for a developed explanation including:

• common law is developed through judicial decisions;

• previous decisions can operate through judicial precedent;

• the ratio decidendi may provide a binding precedent where the rules of precedent require it;

• mechanisms such as original precedent, overruling or distinguishing demonstrate how judge-made law can develop.

Question 4

Award up to 4 marks for a developed explanation including:

• statute law is produced through parliamentary law making;

• Bills proceed through the legislative process;

• the process involves the House of Commons and House of Lords;

• the role of the Crown also forms part of the process;

• legislation allows legal rules to be introduced or amended.

Credit any four appropriately explained points.

Question 5

Award up to 6 marks for two developed comparisons.

Indicative content:

• common law is developed through judicial decisions, while statute law is made through parliamentary legislation;

• common law operates through the doctrine of precedent, whereas statute law develops through the legislative process;

• judicial techniques such as overruling and distinguishing contribute to common-law development, whereas legislation can introduce or amend statutory rules;

• courts subsequently interpret and apply statutory law.

Full marks require comparison, not two unrelated descriptions.

Question 6

Award up to 6 marks for:

• recognising the Act as statute law, 1 mark

• linking its creation to Parliament, 1 mark

• recognising that courts may subsequently need to interpret legislation, 1 mark

• linking this to OCR's study of statutory interpretation, 1 mark

• explaining that the resulting judicial decision may operate within the system of precedent, 1 mark

• concluding that statute and common law can therefore interact in the continuing development and application of English law, 1 mark

Question 7

Award up to 6 marks for explaining that:

• Parliament contributes through statute law;

• the judiciary continues to decide cases;

• OCR requires knowledge of judicial precedent;

• judges work with binding, persuasive and original precedent;

• judges can use techniques including overruling and distinguishing;

• courts also interpret and apply legislation.

A clear conclusion should recognise that both Parliament and the judiciary continue to contribute to the development and application of English law.

Question 8

20 marks: AO1 8 marks, AO3 12 marks

Indicative content may include:

Knowledge and understanding:

• OCR's identification of custom, common law and statute law;

• the historical place of custom within the development of English law;

• common law as judge-made law developed through judicial decisions;

• stare decisis;

• ratio decidendi and obiter dicta;

• binding, persuasive and original precedent;

• overruling, reversing and distinguishing;

• statute law and the parliamentary legislative process;

• Bills, the Houses of Parliament and the role of the Crown;

• statutory interpretation as an example of interaction between legislation and the courts.

Analysis and development:

A strong response should recognise that the three forms have contributed differently to English law.

Custom forms part of the historical overview required by OCR. Common law demonstrates the importance of judicial decision making and precedent. Statute law demonstrates Parliament's ability to create and amend legal rules through legislation.

The strongest responses should also recognise that common law and statute law do not operate entirely separately. Parliament may legislate, but courts subsequently interpret and apply legislation. Judicial decisions can themselves contribute to precedent.

The development of English law can therefore be understood as involving different but connected methods of legal development rather than one single source replacing all others.

Because the OCR specification does not provide detailed rules or required cases on custom, answers should avoid unsupported technical discussion of customary-law tests and keep that part at the overview level specified by OCR.