Hi, I'm Mrs. Allchin, and I'm going to be taking you through the citizenship lesson today.

I'm going to give you all the information that you need to be able to take part in the lesson, and I'll also pause and tell you when you need to complete an activity or complete a check for understanding.

Hope you enjoy the lesson.

This lesson is called Why do we need laws and where do they come from? And it's taken from the unit of Work: Does our legal system protect citizens' rights? By the end of this lesson, you'll be able to explain why laws are needed and also where our laws come from.

Our key words for this lesson are legislation, which is a law or a set of laws that have been passed by Parliament.

The word is also used to describe the act of making a new law.

Legislature, which is the law making body of the state, for example, Parliament in the UK.

Common law, which is law made by the decisions of judges over the years.

And precedent, a legal decision made by a judge that must be followed in future similar cases.

This lesson we're going to look at why do we need laws? We're then going to look at what is the legislature? And we're then going to look at what is common law? So we're going to begin by thinking about why do we need laws? So Aisha's asking why do we need laws? So pause and have a think for yourself.

Laws are a set of rules that all citizens must follow, and they're punishable by law if broken.

Laws are needed in society to ensure that there is justice, there's fairness, that we're safe, and there's also clarity.

So Aisha's asking what is the difference between law and justice? So why don't you have a go at answering this yourself? So law refers to the specific rules, laws that have been set that must be followed by all citizens.

Whereas justice refers to the fair consequences that apply when a law is broken.

So for example, Ms. Smith might break the law by driving her car at 90 miles per hour, and as a result she might lose her driving licence.

So that was the justice.

Law and justice are therefore closely linked, and it's important that legal systems are just.

Different people may have different ideas about what is morally right and fair in relation to justice.

This can be seen with differing views towards punishment, such as the death penalty, for example, where some people think it was absolutely the right thing to get rid of it and abolish it, whereas other people think it should be brought back.

It's important that citizens view their country's legal system as being just, that it's morally fair and right.

And also the victims of crime feel that justice has been served in relation to the crimes against them.

This can be a difficult balancing act, ensuring there's justice for the victim, but also that the punishment is fair.

Let's have a check for understanding.

What are the missing words? It is important that citizens view their country's something system as being just, fair and right, and also that victims of crime feel something has been served in relation to the crimes against them.

Pause while you have a go at the check for understanding.

So the missing words were legal and justice.

Aisha is asking, how does our legal system ensure justice? So pause and have a think for yourselves.

When a law is made, it must be followed by everyone.

No one is above the law and this is a key feature of the rule of law.

The Sentencing Council then have set ranges of sentencing that are assigned to each crime type, depending on a variety of factors.

This ensures that breaking the law is punishable by the law, but also that sentencing is fair and just.

So this means that judges can't just pick whatever sentence they want.

There are clear guidelines they need to follow.

That's an example of how there is justice within the legal system.

Law also helps to keep citizens safe and this is clearly seen with vehicle safety.

So if we think about driving a vehicle, be that a car, a motorbike, a van, there are lots and lots of laws just for that one act and they all aim to keep us safe.

So there are laws relating to speed limits, about having to have a driving licence, making sure that your vehicle is MOT'd, and that you've got the correct tax.

That you're not allowed to abuse substances and drive, so you're not allowed to drive while you, you know, you are drunk on alcohol or you've taken any illegal drugs.

There are age restriction laws around driving.

So you've gotta be 17.

There's laws around wearing seat belts.

There's laws about what you have to do when you get to a traffic light, and there's laws about using a mobile phone with that being now illegal to use a mobile phone at the wheel.

So all of those laws enforce behaviour that will keep citizens safe.

Without these laws, there could be an increased likelihood of unsafe behaviour.

Let's have a check for understanding.

Identify three driving behaviours that have been made illegal to better ensure citizens' safety.

So you may have mentioned any of these that we looked at before.

So going over the speed limit, driving without a driving licence or MOT, driving an untaxed vehicle, driving under the influence of drugs or alcohol, driving under the age of 17, not wearing a seatbelt or not enforcing passengers to wear a seatbelt, driving through a red traffic light, or using a mobile phone whilst driving.

Laws also provide clarity.

Once made, laws apply to everyone equally.

There should be no ambiguity over a law.

It should be clear for all citizens to understand and to follow.

An example of this is theft.

It is against the law to steal, regardless of a citizen's circumstance.

Now, a judge may use mitigating factors when passing sentence.

So for example, if someone was stealing because they had no money, they needed to feed their family, absolutely the judge could consider that.

But ultimately, the law is clear, theft is illegal.

Some people might argue that other areas of law lack clarity.

So can you think of any examples, any examples of the law that perhaps aren't very clear for citizens? Pause while you have a think.

So laws that use language that could be ambiguous might be viewed as lacking clarity.

So for example, there are laws relating to child chastisement, which is basically physical punishment.

So that's when a parent or carer might use physical punishment, so for example, smacking their child.

Parents and carers do not have the legal right to hit their child unless, and this is the wording, this is reasonable punishment.

This statement can be viewed as lacking in clarity as to what constitutes reasonable in each individual case.

What one parent class as reasonable might be very different to what another parent classes as reasonable.

And charities have actually urged the government to make all forms of physical chastisement illegal, so it's really, really clear.

There can also be times when the reasons for having laws can come into conflict with each other.

This could be witnessed during laws may during the height of the COVID-19 pandemic.

So laws regarding lockdowns needed to be made to keep everyone safe.

However, laws changed very quickly due to infection rates, meaning that sometimes restrictions lacked clarity 'cause they were changing so quickly and all the time.

There was also arguments over fairness in relation to lack of garden space.

So what constituted a key worker? And also laws relating to visiting sick relatives.

So there were lots and lots and lots of laws being made, but some people thought there was perhaps a lack of fairness when these laws were being made.

Here are some examples of different laws and the reasons behind them, and it might be that after this lesson, you want to go away and look at some of these in more detail.

So we have laws that protect the public, so for example, the Counter-Terrorism and Security Act, and this contains powers to help the UK respond to the threat of terrorism.

So it protects the public.

We have laws that settle disputes.

So for example, the Supreme Court ruled that the government discriminated against disabled people in two cases with their controversial bedroom tax in 2016.

We have laws that ensure that people are treated fairly.

So for example, the Equality Act ensures workplaces are a fair and equal environment and comply with the law.

We have laws that aim to change behaviour.

So for example, the Health Act of 2006 includes a ban on smoking in enclosed public places.

So to change behaviour, make people not be able to do that anymore.

We have laws that need to respond to science.

So the Genetically Modified Organisms Regulations 2014 gives guidance to what farmers and scientists can and cannot do to organisms because ultimately when science moves on, there often needs to be laws around that.

We have laws similar to science, but this time responding to technology.

So for example, the Investigatory Powers Act 2016 allows phone companies to keep data about private phone calls.

And we also have laws when we have changes to values and opinions in society.

So for example, before the Abortion Act 1967, it was illegal to have an abortion in England, Wales, and Scotland.

And when values and opinions around that changed, the law changed too.

Let's have a check for understanding.

State one reason why we need laws.

So you might have said justice, fairness, safety or clarity.

For task A, I'd like you to explain the role that laws play in society.

Your answer should refer to justice, fairness, safety, and clarity.

Your answer should also refer to at least one law discussed this lesson.

Pause while you have a go at this task.

When explaining the role that laws play in society, your answer may have included: we have laws in the UK to make sure laws are clear, fair, and keep people safe.

Parliament creates laws so that everyone knows the rules and there's no confusion about what is legal or illegal.

This protect people's rights and ensure justice by treating everyone equally under the law.

For example, the Equality Act 2010 was made to stop discrimination based on protected characteristics, making sure people are treated fairly.

Laws also help keep society safe by setting rules that criminalise dangerous behaviour, such as speeding, so people can live and work without fear.

Without legislation, there would be no clear rules and life could be unfair and dangerous.

We're now going to look at what is the legislature.

Legislative laws are made by Parliament who are the legislature in the UK.

That consists of the House of Commons, the House of Lords, and the monarch.

This method ensures that laws are created democratically following intensive debate and scrutiny, 'cause remember, once a law is made, everyone needs to follow it, so it needs to have that scrutiny.

It is a misconception that the government alone make laws.

Government have the authority of mandate to drive law and policy.

So when they win an election, they can absolutely, they've got that power and that mandate to start driving their manifesto.

But it is Parliament as a whole who make laws.

So Izzy's asking what are the different stages of a law being passed? Have a go.

Can you remember any of these stages? Have you heard of this before? Try and see if you can remember or think what the different stages might be of a law being passed.

Let's go through them together.

So first of all, we have the green paper, and this is a government consultation document that lets people give feedback on proposed law.

So it's that very, very start of those ideas.

We then have the white paper, which is policy documents from the government outlining proposals for new laws.

Bill then starts its journey.

So the bill is created and it goes through Parliament and it can start in either house.

So it can start in the House of Commons or it can start in the House of Lords.

We then have the first reading, and this is when the bill is formally introduced and it's title is read out.

There's no debate at this stage, but members can review the bill, so they're prepared, they understand it and they're ready for the later stages.

We then have the second reading, and this is the first chance for the bill to be debated in either house, focusing on its main principles.

So we're not getting into the finer detail at this stage.

They're having that really clear debate about the key principles of that bill.

There is then the committee stage, and this is when the bill is considered line by line and suggested changes are put forward.

So that's when the bill is looked at and scrutinised at much more granular, more detailed level.

Let's have a check for understanding.

What happens during the committee stage? Smaller group of MPs or Lords scrutinises the bill in detail line by line.

They'll propose amendments if they feel they are needed.

That's what happens during the committee stage.

Let's continue the journey.

So we then have the report stage, the updated bill with any changes is reported to the house, and all members can review it and suggest changes.

We then have the third reading.

This is usually the final chance for the houses to debate, vote, and decide to pass or reject the bill in its entirety.

And then we have the later stages.

Both houses must agree on the bill's wording.

It may go back and forth as they suggest changes, and this is often referred to as ping pong, 'cause it can go backwards and forwards as the wording is tweaked and changed until people are happy.

So Izzy's asking, so what role does the monarch play if they are a feature of Parliament? So what do you think? In terms of making laws, what role does the monarch play? The final stage of a law's journey is being made and is having that Royal Assent.

So this is where the monarch formally approves the bill turning into law, and this is why the word act follows the name of the law.

A law is an act of Parliament.

So it goes through all of those stages in Parliament, it's an act of Parliament and it becomes law.

In the UK's representative democracy, the monarch would always approve a bill that has passed through the stages of Parliament.

A bill has not been refused since 1709, making this stage, the Royal Assent stage of the law making process more of a formality.

Let's have a check for understanding.

What is the final stage of a law being made? Is it the committee stage, the green paper or the Royal Assent? And it's Royal Assent.

The Equality Act 2010 is an example of legislation.

This law was passed through Parliament to strengthen and consolidate previous equality law, and protect citizens from discrimination against nine protective characteristics.

This is an example of legislation that some people has positively impacted citizens' lives, helping to protect marginalised groups in society and working towards better access to human rights for all.

Legislation is needed in society to ensure that Parliament can act on the needs of citizens and also respond to any emerging issues or trends.

This need for Parliamentary response in relation to a national need could also be witnessed after the awful Dunblane Primary School shooting in 1996.

This devastating event led to wide public demand for changes to legislation regarding gun ownership in the UK.

Parliament passed legislation which effectively banned private possession of handguns by adding short firearms to prohibited weapons.

This legislation was the Firearms Amendment Act 1997.

This highlights how legislation can be passed to amend and strengthen existing laws as and when is needed.

Let's have a check for understanding.

Legislation can be made or amended to meet a need in society.

What need did these pieces of legislation meet? We've got the Equality Act 2010 and the Firearms Amendment Act 1997.

The Equality Act strengthened and consolidated equality law, made discrimination against nine protected characteristics unlawful.

And the Firearms Amendment Act 1997 prohibited handguns in response to the Dunblane Primary School shooting.

Task B, I would like you to dispute the statement "The legislature fails to meet the needs of society." So you need to dispute this statement using knowledge you have learned this lesson.

You may wish to refer to specific examples of legislation in your answer.

So pause while you have a go at this task.

So in disputing this statement, you may have included, the legislature meets the needs of society because it makes or amends laws when people's values, safety concerns and technology change.

For example, after the Dunblane School tragedy in 1996, the government introduced the Firearms Act 1997, which banned most handguns in the UK.

This made the country safer by responding to public concerns about gun violence.

Laws also change as society's value shift, for example, by introducing the Equality Act 2010.

Science and technology also bring new challenges.

So Parliament creates laws to protect people.

Without legislature adapting to these changes, society wouldn't be properly protected or represented.

We're now gonna look at what is common law.

So common law is developed through judge made decisions, rather than through Parliament.

And sometimes common law may be referred to as judge made law for this reason.

When there is no legislation covering a particular issue, judges create legal principles based on past decisions, and these past legal decisions are known as precedent.

Over time, these decisions build up into a big set of laws, even though they were never written by Parliament.

So Izzy's asking, do you know any examples of common law? Let's have a look at a famous example of common law together that happened in 1932.

So in 1932, a woman became ill after drinking a ginger beer, and she became ill because inside that ginger beer was a decomposed snail that had somehow gotten into the bottle during the manufacturing process.

The woman wanted to take legal action because obviously this made her really poorly.

She got really, really sick.

So she wanted to take legal action, she wanted to get some justice, but there was no legislation, there was no laws that stated that a company must take care to ensure that their products are safe.

And as a result, judges created a ruling that stated that companies have a duty of care to make sure their products are safe for consumption.

And this precedent right the way back from 1932 became common law, meaning negligence laws have existed ever since this landmark case.

And you might have heard of other examples of negligence laws and things that have happened where people have sued companies or sued people for negligence.

That actually came from common law, that came from precedents from judges right the way back in 1932.

Let's simplify that down.

So common law is ultimately when something happens when there is no legislation to draw from, there are no existing laws to draw from.

Judges therefore use their legal experience to make a decision about what is legally right in that case.

And once that decision has been made, it's then applied by all future cases of law, making it common law.

Let's have a check for understanding.

What are the missing words? So we've got something happens where there is no something to draw from.

Something use their legal experience to make a decision.

And this decision is then applied by all something judges, making it common law.

Pause while you have a go at thinking about the missing words.

So something happens where there is no legislation to draw from.

Judges use their legal experience to make a decision, and this decision is then applied by all future judges, making it common law.

Another example of common law arose in 1985 due to a woman who was called Mrs. Gillick, and this is important for later, stating that she did not want doctors giving contraceptive advice, so advice about how not to get pregnant, to girls under 16 years of age, unless their parents were informed and gave their permission.

There was no existing legislation about this issue, leading to consideration regarding whether or not a child under 16 should be able to make their own legal decisions in relation to their health.

Judges created a rule that stated a child can make their own medical decisions if they are viewed as competent, so if that child is viewed as being mature enough to understand that decision that they're making.

And this became known in law as Gillick competence, so named after the lady that began it all, and it's used by doctors today when deciding if a child is able to make their own medical decisions.

Common law plays a vital role in society as it allows judges to use their legal expertise to fill gaps when no legislation exists.

Legislation can take a long time to pass through Parliament, whereas common law can be applied quickly.

Common law also supports justice by ensuring that there is legal protection to people that have been wronged, but where there is no legislation to support them.

New legal decisions made by judges ensure that justice can still be provided, and precedent ensures that these rules are applied to all future cases.

So Izzy's asking, which is more effective, legislation or common law? So pause and have a think for yourselves.

They're both really effective.

Legislation provides clear, written laws for society, ensuring there is clarity, fairness, and justice, and common law ensures that justice can still be applied in unique cases where there is no precedent or existing legislation to follow.

Both types of law are equally effective and important.

Let's have a check for understanding.

Complete the following sentence.

Common law works to provide justice where there is no previous what? So common law works to provide justice where there is no previous precedent or existing legislation to follow.

For task C, I'd like you to explain the process of how and why common law is created.

You may wish to include a real life example of common law to support your explanation.

Pause while you have a go at this task.

When explaining the process of how and why common law is created, your answer may have included: common law is created when something happens where there is no legislation to draw from, but a clear need for justice.

For example, when a woman got sick from a contaminated bottle of ginger beer in 1932.

Judges use their legal experience to make a decision regarding how the law should be applied in this context.

In this case, the judge decided the ginger beer company was negligent and legally in the wrong.

This legal decision in this case regarding negligence is then applied by all future judges as precedent, making it common law.

This means that it is common law that all manufacturers must ensure their products are safe for consumption.

So in summary of the lesson Why do we need laws and where do they come from? Laws are essential for justice, fairness, safety and clarity in society.

They protect people's rights, ensure fair treatment, and provide justice.

They also provide clear rules so everyone knows what is legal and illegal.

Legislature is the lawmaking body of the state, e.

g.

Parliament.

Law starts bills and go through many stages in Parliament before being passed as an act of Parliament.

This system ensures that laws reflect society's needs.

Common law is judge made law created when courts make decisions on cases where no legislation exists.

Judges set legal precedents which guide future cases.

This allows the law to adapt to new issues without waiting for Parliament to act.

That brings us to the end of this lesson.

Well done for all your hard work, and I hope you come back for some more citizenship lessons in the future.