Sources of law

Sources of Law refers to the origins from which particular laws derive their validity and coercive force. The sources of law are primarily concerned with the legal principles, rules, and regulations that govern and influence judicial decisions. They are the legal authorities that aid in the interpretation and application of law.

Types of Sources of Law

There are two main types of sources of law: Primary and Secondary.

Primary Sources of Law

Primary sources of law are those that have a direct bearing on the law and are legally binding. They include:

• Constitution: This is the supreme law of a country and all other laws are subordinate to it. It sets out the structure of the government and outlines the rights and duties of its citizens.

• Legislation: This refers to laws that are enacted by a legislative body such as a parliament or congress. Legislation is also known as statute law.

• Case Law: This is law that is based on judicial decisions rather than laws made by the legislature. Case law can be binding (through the doctrine of stare decisis) or persuasive.

Secondary Sources of Law

Secondary sources of law are those that explain, interpret, or analyze the law. They include:

• Legal Commentary: This includes law reviews, legal textbooks, and legal treatises that provide analysis and commentary on the law.

• Legal Encyclopedias: These are comprehensive written compendiums that aim to explain the law in a straightforward way.

Importance of Sources of Law

The sources of law are important as they provide a framework for the creation, interpretation, and application of laws. They ensure that laws are not arbitrary and are based on established principles and precedents.

See Also

• Jurisprudence
• Legal System
• Rule of Law

References

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