AQA GCSE Citizenship Studies Paper 2, June 2025: Question 10
9 marks · Medium difficulty · Extended Response
Identify who creates common law and evaluate whether judges should reflect the diverse nature of the UK's population.
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Question text
10.1 Common law has developed through rulings and the interpretations of law.
Who creates common law?
[1 mark]
10.2 ‘Judges should reflect the diverse nature of the UK’s population.’
Considering a range of views, to what extent do you agree or disagree with this
statement?
In your answer you should consider the:
• role and power of judges
• diverse nature of the UK population
• importance of representation of different groups such as women, people of colour
and LGBTQ+ people.
[8 marks]
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Mark scheme
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Total
Qu Part Marking guidance
marks
10 1 Common law has developed through rulings and the interpretations 1
of law.
Who creates common law?
Award 1 mark for the correct identification of judges (accept the judiciary
as a correct answer).
AO1 = 1
Total
Qu Part Marking guidance
marks
10 2 ‘Judges should reflect the diverse nature of the UK’s population.’ 8
Considering a range of views, to what extent do you agree or
disagree with this statement?
In your answer you should consider the:
• role and power of judges
• diverse nature of the UK population
• importance of representation of different groups such as women,
people of colour and LGBTQ+ people.
Level Marks Descriptor
Developed and sustained analysis of a wide range
of evidence and views related to the citizenship
debate.
4 7–8 Developed and reasoned justifications are
provided which relate to the evidence provided.
The justifications put forward form a coherent
argument.
Analysis of a range of evidence and views related
to the citizenship debate.
The evidence is used to support arguments but
3 5–6 these arguments are not always completely
developed, justified or evaluated.
Conclusions drawn from the arguments may not be
completely coherent.
Basic analysis of a limited range of evidence and
views related to the citizenship debate.
Weak arguments are made which are not
necessarily related to the evidence selected.
2 3–4
The arguments represent only a limited range of
viewpoints.
Some attempt is made to integrate the arguments
into concluding remarks.
Limited evidence presented and/or evidence
presented is not directly related to the citizenship
debate.
Insufficient range of differing viewpoints
1 1–2 considered.
Little or no attempt is made to analyse or evaluate
the evidence presented.
Little or no attempt is made to integrate the points
made.
00 Nothing to credit.
Indicative content
Points which may be included to agree with this statement
• Judges are responsible for deciding people’s future. Having a diverse
judiciary means that they are more aware of cultural differences and
religious beliefs and thus better able to make fairer judgements.
• Judges are some of the most senior professionals in the country. The
judiciary should welcome all people of different backgrounds into the
profession so that it is more reflective of modern Britain.
• Diversity brings many benefits. Organisations which embrace a wide
range of people are generally better performing than those which are
monocultural. To maintain public confidence in judges, they should be
diverse like other organisations.
• The UK is a multicultural society, London is considered one of the most
multicultural cities in Europe. In our judiciary, approximately only 1 in
10 judges are people of colour and approximately only 35% of judges
are women.
• Public sector organisations, like schools, have targets for increasing
participation of minority ethnic groups, people with disabilities and
LGBTQ+ applicants. Judges should be the same.
Points which may be included to disagree with this statement
• ‘Justice is blind’ is a phrase used to explain that the law is unbiased
and objective. Justice should be given regardless of a person’s
background. Judges should be the same.
• Judges are experts in the law, this should be the only qualification they
require.
• In our judiciary, approximately only 1 in 10 judges are people of colour
and approximately only 35% of judges are women. Despite this the
judiciary functions satisfactorily against official performance
measures, there is no point tampering with it just to meet diversity
targets.
• Diversity of judges does not improve things for different groups. The
police are the ones who make the arrests, solicitors represent clients in
court and judges decide on punishments. There should be a focus on
improving diversity further down first.
• Representation takes time, we cannot expect this to happen instantly.
There has been some progress.
Candidates may discuss other under-represented groups, eg people with
low socio-economic status.
AO3 = 8
How to answer it
Common Law & Judicial Diversity in the UK
This question assesses two core components of the AQA GCSE Citizenship Studies: Life in Modern Britain & Politics and the Law specifications:
- Recall & Understanding (AO1): The origins of common law and the constitutional role of the judiciary.
- Analysis & Evaluation (AO3): Formulating a balanced, sustained argument assessing whether judges should mirror the demographic diversity of the UK population, supported by relevant legal concepts and contemporary statistics.
Who Creates Common Law?
Identifying the origins of judge-made law
✅ Acceptable Answers (1 Mark)
- Judges
- The judiciary
❌ Common Errors & Misconceptions
- Writing "Parliament" or "MPs" — Parliament creates statute law (legislation/Acts of Parliament), not common law.
- Writing "The police" — Police enforce law; they never create it.
- Writing "The jury" — Juries decide guilt based on facts, not legal precedent.
💡 Key Knowledge: Common Law vs. Statute Law
- Common Law: Law derived from custom and judicial precedent established through decisions in court cases over centuries (e.g. the legal definition of murder).
- Judicial Precedent (stare decisis): Rulings made by higher courts (like the Supreme Court) bind lower courts in future cases with similar facts.
Debate: Should Judges Reflect the Diversity of the UK Population?
Evaluative essay requiring balanced perspectives and a justified conclusion
🧠 Exam Technique: Structuring an 8-Mark AO3 Essay
To reach Level 4 (7–8 marks), you must provide a developed and sustained analysis of both sides, integrate real-world evidence, and arrive at a coherent, reasoned judgement.
- Point 1 (Agree): Discuss public confidence, empathy, and representation (use stats!).
- Point 2 (Disagree): Discuss judicial neutrality ("justice is blind") and legal merit/expertise.
- Point 3 (Wider context): Mention systemic pipelines (legal profession diversity, socioeconomic background).
- Conclusion: Give a clear verdict on to what extent you agree, explaining why one perspective outweighs the other.
Arguments to AGREE (Representation Matters)
- Fairer Decisions & Empathy: Judges make life-altering decisions. A diverse bench understands diverse cultural backgrounds, racism, religious practices, and lived experiences better, reducing subconscious bias.
- Public Trust & Confidence: If the bench is seen as exclusively older, white, male, and privately educated, marginalized groups may perceive the justice system as out-of-touch or discriminatory.
- Underrepresentation is Stark: In the UK judiciary, only approximately 1 in 10 judges are people of colour and around 35% are women, lagging far behind the general public demographic profile (especially in diverse urban areas like London).
- Public Sector Standards: Schools, civil service, and police have diversity benchmarks to reflect modern Britain; the judiciary should be held to the same standard.
Arguments to DISAGREE (Merit & Neutrality First)
- "Justice is Blind": The foundational rule of law principle is that judges must be entirely impartial and apply the law objectively, regardless of their own or the defendant’s personal identity.
- Meritocracy & Legal Expertise: Judicial appointments should strictly be based on legal ability, experience, and integrity. Quotas could risk appointing less-qualified individuals purely for demographic balance.
- The Core Problem Lies Upstream: Judges are selected from senior barristers and solicitors. The root cause is the lack of diversity within senior legal professions, not the judicial appointments process itself.
- Institutional Performance: The judiciary functions effectively according to international legal standards without identity quotas.
📊 Mark Scheme Level Breakdown
| Level | Marks | What the Examiner is Looking For |
|---|---|---|
| Level 4 | 7–8 | Developed and sustained analysis of a wide range of evidence and viewpoints. Fully reasoned and justified conclusion that directly answers "to what extent". |
| Level 3 | 5–6 | Good range of evidence and viewpoints used, but arguments are not fully developed or evaluated. Conclusion may be brief or slightly separate from the main argument. |
| Level 2 | 3–4 | Basic analysis of limited viewpoints. One-sided or unbalanced argument. Weak connection between evidence and claims. |
| Level 1 | 1–2 | Very limited points, generic assertions, or descriptive statements without clear analysis or evaluation. |
❌ Pitfalls that Limit Students to Level 2
- One-sided rant: Only arguing that diversity is essential, without acknowledging the counter-arguments about merit, objectivity, or legal competence.
- Confusing judges with juries: Juries are selected at random from the electoral roll to represent local citizens; judges are appointed legal professionals.
- No stats or specific groups: Failing to mention the groups highlighted in the prompt (women, people of colour, LGBTQ+, working-class backgrounds).
- No clear conclusion: Ending with "there are good points on both sides" rather than making a justified stand on which side is more compelling.
Topics
3.2 Life in modern Britain · 3.3 Rights and responsibilities · 3.2.2 What do we mean by identity? · 3.3.2 What are a citizen's rights and responsibilities within the legal system? · 3.3.3 How has the law developed over time, and how does the law protect the citizen and deal with criminals?
Question and mark scheme from the AQA GCSE Citizenship Studies examination, Paper 2, June 2025. QuestionVault is an independent revision resource; questions remain the copyright of the awarding body.