Comprehension
There are two different ways we can think about law and law-making. To put it crudely: we can think of law as partisan, as nothing more than the expression in legislative terms of the particular ideology or policies of a political party; or we can think of law as neutral, as something that stands above party politics, at least in the sense that once passed it ought to command the obedience and respect of everyone.

[Political] Parties compete for control of Parliament because they want their values, their ideology, and their programme to be reflected in the law of the land. No-one doubts that the Commons stage is the most important, and the reason surely is that the House of Commons is the institution most subject to popular control. If laws passed by one Parliament turn out to be unpopular, the electorate can install a majority that is sworn to repeal them. That is what elections and representative politics are all about. On this model, it is simply fatuous to pretend that law is somehow ‘above’ politics. Maybe there are some laws on which everyone agrees, no matter what their ideology. Everyone agrees there should be a law against murder, for example, and that there should be basic rules of the road. But as soon as we turn to the fine print, it is surprisingly difficult to find a consensus on the detail of any legislative provision. And in many cases, even the fundamental principles are the subject of fierce political dispute. What this model stresses, then, is that legislative attitudes are necessarily partisan attitudes. So long as there is tight party discipline in Parliament, legislative decisions will be taken on the basis of the ideology of the leadership of the party in power. The partisan model stresses the legitimacy of these attitudes and this form of decision-making.

By contrast, what I call ‘the neutral model’ enjoins a certain respect for law and law-making which goes beyond purely partisan views. According to this model there is something special about law, and it carries with it special non-partisan responsibilities. Proponents of the neutral model do not deny that laws are made by party politicians, and that legislation is often motivated by disputed values and ideologies. Their view is that when a law is being made, something solemn is being decided in Parliament in the name of the whole society. Though it is reasonable for bills to be proposed and debated along partisan lines, the decision procedures of Parliament are designed to indicate not merely which is the stronger party, but what is to be the view of society as a whole on some matter for the time being. The result, the outcome, is a decision of the House as a whole: it is, literally, an act of Parliament, not merely an act of the Conservative party or an act of the Labour party, whichever commands the majority. By virtue of the parliamentary process, it transcends partisan politics, and presents itself as a norm enacted for and on behalf of the entire community.

On the neutral model, the social function idea tends to receive more emphasis than the political prevalence. For this reason, the neutral model often focuses on aspects of the legal system that do not involve explicitly partisan initiatives. It focuses on those areas of law where there is something approaching unanimity (such as the fundamental principles of the criminal law and some of the basic tenets of private law). And it focuses particularly on ‘the common law’. When common law doctrine strikes out in new directions, the change is usually presented as the product of reasoning which is independent of politics, as though there were an evolving ‘logic’ of the law which could proceed untainted by partisan values or ideology.

[Excerpted, with edits, from The Law, by Jeremy Waldron, Routledge, Oxon, 1990.]
Question: 1

Partyland’s political scenario involves frequent reversal of previous ruling party’s laws whenever a new party gains majority. Which model of law would Waldron most likely see this as?

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Frequent legislative reversals after elections often indicate a partisan model of law, not a neutral one.
Updated On: Aug 17, 2025
  • Partyland is not an actual democracy
  • The situation is an illustration of the neutral model of law
  • The situation is an illustration of the partisan model of law
  • Partyland is not an actual republic
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The Correct Option is C

Solution and Explanation

Step 1: Recall Waldron’s definition of partisan model.
Under the partisan model, legislation reflects the ideology of the party in power, and when the majority changes, laws are often repealed or replaced to match the new party’s ideology. 
Step 2: Apply to facts.
In Partyland, after each election, the ruling party reverses the previous party’s policies and enacts its own — a direct sign of the partisan model. 
Step 3: Eliminate wrong options.
(B) is wrong — the neutral model stresses laws being respected beyond partisan politics, which is not happening here.
(A) and (D) are irrelevant to the question; Partyland can still be democratic/republican despite partisan legislation. \[ \boxed{\text{(C)}} \]

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Question: 2

After a second term, the Public Party in Partyland removes judicial discretion, requiring judges to apply laws strictly as codified. Which model of law do these changes align with?

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Limiting judicial discretion to enforce a ruling party’s laws strictly is a hallmark of the partisan model.
Updated On: Aug 17, 2025
  • The neutral model of law
  • The partisan model of law
  • Equally with both, the neutral and partisan model of law
  • With neither the neutral nor the partisan model of law
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The Correct Option is B

Solution and Explanation

Step 1: Understanding judicial role under models.
Neutral model supports law being respected beyond party lines. Partisan model sees law as expression of ruling party ideology. 
Step 2: Apply to facts.
Here, laws are changed drastically by the ruling party, and judges are required to apply them strictly without discretion — entrenching the party’s ideology in legal application. 
Step 3: Eliminate wrong options.
(A) is wrong — no neutrality here, since the purpose is partisan control.
(C) is wrong — both models are not equally reflected.
(D) is wrong — it matches the partisan model. \[ \boxed{\text{(B)}} \]

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Question: 3

Public Party enacts a “workers’ tax” law, but the Worker’s Party in one state refuses to implement it. Which model of law does this refusal align with?

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When a political entity refuses to enforce a validly enacted law due to ideological opposition, it reflects the partisan model.
Updated On: Aug 17, 2025
  • The partisan model of law
  • The neutral model of law
  • Equally with both the neutral and partisan model of law
  • With neither the neutral nor the partisan model of law
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The Correct Option is A

Solution and Explanation

Step 1: Understanding refusal in context.
Under the neutral model, laws once enacted should be respected by all levels of government as representing society as a whole. 
Step 2: Apply to facts.
The Worker’s Party refuses to implement the law because it disagrees ideologically — this is partisan behaviour, rejecting a law based on political stance rather than neutral respect for legislation. 
Step 3: Eliminate wrong options.
(B) is wrong — the neutral model demands compliance regardless of party.
(C) is wrong — the action is entirely partisan.
(D) is wrong — it fits the partisan model clearly. \[ \boxed{\text{(A)}} \]

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Question: 4

Based on the passage, which of the following is the most accurate statement regarding the Basic Structure doctrine in Indian Constitutional law?

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Limits on Parliament’s powers to preserve core constitutional values usually align with the neutral model.
Updated On: Aug 17, 2025
  • As it places limits on the amending power of Parliament, it is closer to the partisan rather than the neutral model of law.
  • As it emerged from a series of judicial decisions rather than legislation, it is a product of partisan rather than neutral law-making.
  • It does not reflect any of the attributes of either the neutral or partisan model of law.
  • As it places limits on the amending power of Parliament, it is closer to the neutral rather than the partisan model of law.
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The Correct Option is D

Solution and Explanation

Step 1: Understanding the Basic Structure doctrine.
The doctrine ensures that even the Parliament cannot alter certain fundamental features of the Constitution, thereby protecting non-partisan constitutional values. 
Step 2: Linking to models.
This aligns with the neutral model, which emphasizes law-making for the entire community rather than advancing party ideology. 
Step 3: Elimination.
(A) is incorrect — it is not partisan in nature.
(B) is incorrect — judicial origin does not make it partisan.
(C) is incorrect — it clearly matches neutral model principles. \[ \boxed{\text{(D)}} \]

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Question: 5

Based on the passage, which of the following is Waldron most likely to agree with?

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In exams, when a thinker proposes two clear frameworks, answers often reflect acknowledgment of both rather than a single extreme.
Updated On: Aug 17, 2025
  • Legislators always make laws based on their party’s ideology, rather than any non-partisan interests
  • Legislators make laws based on non-partisan considerations
  • Laws are made on the basis of the needs and demands of society from time to time
  • Law and law-making can be understood using the partisan or the neutral model
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The Correct Option is D

Solution and Explanation

Step 1: Recalling Waldron’s framework.
The passage outlines two distinct models: partisan and neutral, as lenses to interpret law-making. 
Step 2: Linking to question.
Waldron acknowledges both models and uses them to understand different legislative behaviours. 
Step 3: Eliminating other options.
(A) is too absolute — not “always.”
(B) and (C) do not match his balanced model-based view. \[ \boxed{\text{(D)}} \]

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Question: 6

Which of the following most strongly supports the neutral model of law and law-making?

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Look for language in options that emphasizes unity, whole society, or transcending party lines for neutral model questions.
Updated On: Aug 17, 2025
  • Once enacted, legislation is regarded as an act of Parliament as a whole, rather than any political party
  • Party whips ensure members vote in line with party ideology
  • Social welfare laws are enacted for the benefit of weaker sections of society
  • Elections to legislatures are hotly contested
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The Correct Option is A

Solution and Explanation

Step 1: Neutral model principle.
Neutral model views laws as acts for the entire society, transcending party politics. 
Step 2: Apply to facts.
Option (A) directly captures this essence — once a law is enacted, it belongs to the whole Parliament, not just the ruling party. 
Step 3: Elimination.
(B) is clearly partisan.
(C) may be bipartisan, but not inherently neutral in Waldron’s sense.
(D) is about elections, not law-making philosophy. \[ \boxed{\text{(A)}} \]

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Question: 7

Which statement is a proponent of the neutral model of law-making most likely to agree with?

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In neutral model questions, look for scenarios of universal agreement across political lines.
Updated On: Aug 17, 2025
  • Democracy is desirable, and increased voter turnout proves law-making is non-partisan
  • Legislators should represent their constituents’ interests and vote only for their party’s promised laws
  • Child pornography is heinous, and bipartisan political votes for strong punishments show law-making is non-partisan
  • Judges are not elected and should not have law-making powers through legislation or case law
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The Correct Option is C

Solution and Explanation

Step 1: Recall neutral model’s focus.
Neutral model applies where there is broad consensus on legislation beyond party ideology. 
Step 2: Apply to facts.
Option (C) describes a law supported across parties due to shared societal values — a clear example of non-partisan law-making. 
Step 3: Elimination.
(A) voter turnout does not necessarily indicate non-partisan law-making.
(B) is partisan.
(D) is about judicial role, not legislative neutrality. \[ \boxed{\text{(C)}} \]

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Question: 8

Which of the following arguments most strongly supports the partisan model of law-making?

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For partisan model questions, look for emphasis on party control, ideological direction, and voting discipline.
Updated On: Aug 17, 2025
  • Calling a legislation an act of Parliament rather than the act of a political party shows that it is the view of society as a whole on some matter, and thus deserving of respect by members of all political parties
  • Merely calling a legislation an act of Parliament does not take away from the fact that it is partisan, since it was introduced by a political party, and voted for by its members on the party’s directions, in furtherance of the party’s ideological agenda.
  • Calling a legislation an act of Parliament indicates that politicians have the liberty to vote for or against legislation on the basis of their idea of the rule of law, rather than on the basis of their party’s ideological agenda.
  • The mere act of calling a legislation an act of Parliament shows that it is the result of the collective effort of legislators from different political parties, and therefore, non-partisan in nature.
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The Correct Option is B

Solution and Explanation

Step 1: Understanding the partisan model.
Partisan model sees legislation as an expression of a party’s ideology and political goals. 
Step 2: Matching to options.
(B) clearly points out that legislation’s partisan nature remains despite the label “act of Parliament,” as it reflects the ruling party’s ideological agenda. Step 3: Elimination.
(A), (C), and (D) all convey neutrality or collective agreement, aligning more with the neutral model. \[ \boxed{\text{(B)}} \]

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Question: 9

General elections are held again in Partyland, and the Public Party wins power again. It introduces a law allowing legislators to vote against their party whip without being disqualified. Which model of law does this align with?

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Removal of party whip constraints generally signals a shift toward the neutral model of law-making.
Updated On: Aug 17, 2025
  • The neutral model of law
  • The partisan model of law
  • Equally with both, the neutral and the partisan model of law
  • With neither the neutral nor the partisan model of law
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The Correct Option is A

Solution and Explanation

Step 1: Linking facts to the models.
Allowing legislators to vote freely without party whip enforcement reduces partisan control, enabling decisions based on conscience or societal interest. 
Step 2: Model match.
This reflects the neutral model’s emphasis on transcending party lines for the sake of collective decision-making. 
Step 3: Elimination.
(B) is incorrect — the law reduces, not strengthens, partisanship.
(C) is incorrect — it doesn’t equally reflect both models.
(D) is incorrect — it clearly matches the neutral model. \[ \boxed{\text{(A)}} \]

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Question: 10

Which statement, if true, would most weaken the neutral model of law’s arguments about common law?

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To weaken a neutrality claim, introduce evidence of bias, ideology, or partisan influence in the process.
Updated On: Aug 17, 2025
  • Common law doctrine evolves over time, and in some instances may take much longer to evolve than the passage of a legislation.
  • Common law doctrine only evolves based on a form of reasoning specific to the law and is not affected by the personal values or ideologies of judges.
  • The evolution of common law doctrine proceeds in a purely logical manner and is not affected by any partisan values or ideology.
  • The evolution of common law doctrine is directed by the partisan interests of judges and is not divorced from political values or ideology.
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The Correct Option is D

Solution and Explanation

Step 1: Neutral model’s stance on common law.
Neutral model treats common law as evolving in a non-partisan, logic-based way, free from political bias. 
Step 2: Weakening this view.
If common law is actually driven by judges’ partisan interests, it undermines the neutral model’s claim of political independence. 
Step 3: Elimination.
(A) talks about speed of change — irrelevant to neutrality.
(B) and (C) actually support the neutral model, not weaken it. \[ \boxed{\text{(D)}} \]

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