cjeu gend mozley slapper communautaire chancery ecj dualist monist stormont probate proscribe acquis visby echr easement legislate decisis cyberlaw irregularity wield xeer yassa lawes universitaires jurisprudence immemorial whiteley maxims adaptability
advantages of act of parliament as a source of law
Sources of law - wikipedia Sources of law Not to be confused with The Sources of English Law . Sources of law are the origins of laws , the binding rules that enable any state to govern its territory . The term `` source of law '' may sometimes refer to the sovereign or to the seat of power from which the law derives its validity . Contents 1 Jurisprudence 2 Sources in different legal systems 3 International sources 4 National sources 5 See also 6 References Jurisprudence ( edit ) The perceived authenticity of a source of law may rely on a choice of jurisprudencial analysis . Tyrants such as Kim Jong - un may wield de facto power , but critics would say he does not exercise power from a de jure ( or legitimate ) source . After WWII it was not a valid defence at Nuremberg to say `` I was only obeying orders '' , and the victors hanged Nazis for breaching `` universal and eternal standards of right and wrong '' . Over decades and centuries , principles of law have been derived from customs . The divine right of kings , natural and legal rights , human rights , civil rights , and common law are early unwritten sources of law . Canon law and other forms of religious law form the basis for law derived from religious practices and doctrines or from sacred texts ; this source of law is important where there is a state religion . Historical or judicial precedent and case law can modify or even create a source of law . Legislation , rules , and regulations are form the tangible source of laws which are codified and enforceable . Sources in different legal systems ( edit ) In civil law systems , the sole source is the appropriate code , such as the civil code or the criminal code ; whereas in common law systems there are several sources that combine to form `` the law '' . Civil law systems often absorb ideas from the common law and vice-versa . Scotland , for instance , has a hybrid form of law , as does South Africa , whose law in an amalgam of common law , civil law and tribal law . A state may comply with international law , it may have a written or federal constitution , or it may have regional legislature , but normally it is the central national legislature that is the ultimate source of law . While a written constitution may seem to be the prime source of law , the state legislature may amend its constitution provided certain rules are followed . International law may take precedence over national law , but international law is mainly made up of conventions and treaties that have been ratified ; and anything that can be ratified may be denounced later by the national parliament . Although local authorities may feel that they have a democratic mandate to pass bye - laws , the legislative power they wield has been delegated by parliament ; and what parliament gives , parliament make later take away . In England , the archetypal common law country , there is a hierarchy of sources , as follows : Legislation ( primary and secondary ) The case law rules of common law and equity Parliamentary conventions General customs Books of authority . International sources ( edit ) Main article : Sources of international law International Treaties Governments may sign International Conventions and Treaties ; but these normally become binding only when they are ratified . Most conventions come into force only when a stated number of signatories have ratified the final text . An international convention may be incorporated into a statute ( e.g. Hague - Visby Rules in Carriage of Goods by Sea Act 1971 ; e.g. the Salvage Convention in the Merchant Shipping Act 1995 ) . The Council of Europe 's European Convention on Human Rights is enforced by the ECHR in Strasbourg . European Community Law The European Union is special example of international law . European nations that join the EU thereby adopt all EC Law to date ( the acquis communautaire ) , namely : treaty provisions , regulations , directives , decisions , and precedents . Member States become subject to `` Brussels '' and to the binding precedent decisions of the Court of Justice of the European Union ( or CJEU ) in Luxembourg . However , Brussels may only act and legislate in accordance with the EU treaties , and the CJEU 's supremacy applies only in matters of EU law . National sources ( edit ) Legislation Legislation is the prime source of law . and consists in the declaration of legal rules by a competent authority . Legislation can have many purposes : to regulate , to authorize , to enable , to proscribe , to provide funds , to sanction , to grant , to declare or to restrict . A parliamentary legislature frames new laws , such as Acts of Parliament , and amends or repeals old laws . The legislature may delegate law - making powers to lower bodies . In the UK , such delegated legislation includes Statutory Instruments , Orders in Council , & Bye - laws . Delegated legislation may be open to challenge for irregularity of process ; and the legislature usually has the right to withdraw delegated powers if it sees fit . Most legislatures have their powers restricted by the nation 's Constitution , and Montesquieu 's theory of the separation of powers typically restricts a legislature 's powers to legislation . Although the legislature has the power to legislate , it is the courts who have the power to interpret statutes , treaties and regulations . Similarly , although parliaments have the power to legislate , it is usually the executive who decides on the legislative programme . The procedure is usually that a bill is introduced to Parliament , and after the required number of readings , committee stages and amendments , the bill gains approval and becomes an Act . Case Law Judicial precedent ( aka : case law , or judge - made law ) is based on the doctrine of stare decisis , and mostly associated with jurisdictions based on the English common law , but the concept has been adopted in part by Civil Law systems . Precedent is the accumulated principles of law derived from centuries of decisions . Judgements passed by judges in important cases are recorded and become significant source of law . When there is no legislature on a particular point which arises in changing conditions , the judges depend on their own sense of right and wrong and decide the disputes from first principles . Authoritative precedent decisions become a guide in subsequent cases of a similar nature . The dictionary of English law defines a judicial precedent as a judgement or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy . Another definition declares precedent to be , '' a decision in a court of justice cited in support of a proposition for which it is desired to contend `` . Compared to other sources of law , precedent has the advantage of flexibility and adaptability , and may enable a judge to apply `` justice '' rather than `` the law '' . Equity ( England only ) Equity is a source of law peculiar to England and Wales . Equity is the case law developed by the ( now defunct ) Court of Chancery . Equity prevails over common law , but its application is discretionary . Equity 's main achievements are : trusts , charities , probate , & equitable remedies . There are a number of equitable maxims , such as : `` He who comes to equity must come with clean hands '' . Parliamentary Conventions ( UK mainly ) ( not to be confused with International Conventions ) Parliamentary Conventions are not strict rules of law , but their breach may lead to breach of law . They typically are found within the English legal system , and they help compensate for the UK 's lack of a single written constitution . Typically , parliamentary conventions govern relationships , such as that between the House of Lords and the House of Commons ; between the monarch and Parliament ; and between Britain and its colonies . For instance , after the Finance Act 1909 , the House of Lords lost its power to obstruct the passage of bills , and now may only delay them . The prerogative powers are subject to convention , and in 2010 , the monarch 's power to dissolve Parliament was abolished . Britain 's tradition with its colonies is that they are self - governing ( although , historically , rarely with universal suffrage ) , and that the mother - country should stay aloof . Customs ( England mainly ) A `` General Custom '' as a source of law is not normally written , but if a practice can be shown to have existed for a very long time , such as `` since time immemorial ' ( 1189 AD ) , it becomes a source of law . A `` Particular Custom '' ( or `` private custom '' ) may arise and become a right with the force of law when a person , or a group of persons has from long usage obtained a recognised usage , such as an easement . Books of Authority ( England mainly ) Up until the 20th century , English judges felt able to examine certain `` books of authority '' for guidance , and both Coke and Blackstone were frequently cited . This old practice of citing only authors who are dead has gone ; nowadays notable legal authors may be cited , even if they are still alive . See also ( edit ) Jurisprudence Legitimacy Legal socialization Sources of international law References ( edit ) Jump up ^ `` Sources of law '' may also mean any premiss of a legal reasoning . Goltzberg , Stefan ( 2016 ) . Les Sources du droit . Paris : Presses Universitaires de France . ISBN 2130748600 . Jump up ^ Austin 's `` command theory of law '' asserts that to be effective , law must have a sovereign and a sanction to back it up . Jump up ^ For instance , the ECJ is a civil court that embraces binding precedent Jump up ^ The UK is ( in 2018 ) taking steps to denounce European Law Jump up ^ The UK ' s Westminster Parliament can , for instance , suspend at will Northern Ireland 's Assembly at Stormont Jump up ^ Slapper & Kelly - English Legal System - Routledge - 2016 Jump up ^ `` Dualist '' jurisdictions require ratification of treaties ; `` monist '' jurisdictions do not . Jump up ^ For instance the Maritime Labour Convention entered into force on 20 August 2013 , one year after registering 30 ratifications of countries representing over 33 per cent of the world gross tonnage of ships Jump up ^ `` Brussels '' is the Commission , the Council of Ministers & the European Parliament acting in concert Jump up ^ e.g.. such as Van Gend en Loos . Jump up ^ Executive and judicial power is to be exercised by , respectively , the government and the courts . Jump up ^ In the UK , the government sets out its programme in the Queen 's Speech Jump up ^ In the EU , only the Commission may initiate legislation Jump up ^ In the UK , this requires the Royal Assent Jump up ^ Mozley & Whiteley 's Law Dictionary - E.R. Hardy Ivamy Jump up ^ The Judicature Acts 1873 - 75 abolished the Courts of Chancery . Chancery Division of the High Court succeeds the old Courts of Chancery Jump up ^ Edward Coke 's Institutes of the Lawes of England , William Blackstone 's Commentaries on the Laws of England , and similar texts . <Th_colspan="2"> Law Core subjects Administrative law Constitutional law Contract Criminal law Deed Equity Evidence International law Law of obligations Procedure Civil Criminal Property law Public law Restitution Statutory law Tort Other subjects Agricultural law Aviation law Banking law Bankruptcy Commercial law Competition law Conflict of laws Construction law Consumer protection Corporate law Cyberlaw Election law Energy law Entertainment law Environmental law Family law Financial law Financial regulation Health law Immigration law Intellectual property International criminal law International human rights International slavery laws Labour Law of war Legal archaeology Legal fiction Maritime law Media law Military law Probate Estate Will and testament Product liability Public international law Space law Sports law Tax law Transport law Trust law Women in law Sources of law Charter Constitution Custom Divine right Human rights Natural and legal rights Case law Precedent Law making Ballot measure Codification Decree Edict Executive order Proclamation Legislation Delegated legislation Regulation Rulemaking Promulgation Repeal Treaty Statutory law Statute Act of Parliament Act of Congress ( US ) Legal systems Civil law Common law Chinese law Legal pluralism Religious law Canon law Hindu law Jain law Jewish law Sharia Roman law Socialist law Statutory law Xeer Yassa Legal theory Critical legal studies Comparative law Feminist Law and economics Legal formalism History Natural law International legal theory Principle of legality Rule of law Sociology Jurisprudence Adjudication Administration of justice Criminal justice Court - martial Dispute resolution Fiqh Lawsuit / Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict Legal institutions Bureaucracy The bar The bench Civil society Court Election commission Executive Judiciary Law enforcement Legal education Law school Legislature Military Police Political party Tribunal <Td_colspan="2"> Index Outline Portal GND : 4048828 - 7 NDL : 00563336 Retrieved from `` https://en.wikipedia.org/w/index.php?title=Sources_of_law&oldid=865000918 '' Categories : Sources of law Hidden categories : Wikipedia articles with GND identifiers Wikipedia articles with NDL identifiers Talk Contents About Wikipedia Asturianu Беларуская Беларуская ( тарашкевіца ) ‎ Български Čeština Deutsch Español Français Galego 한국어 Հայերեն हिन्दी Íslenska Italiano Latviešu Lietuvių Nederlands 日本 語 Polski Português Русский Scots Slovenčina Српски / srpski Srpskohrvatski / српскохрватски Suomi Svenska Türkçe Українська 中文 21 more Edit links This page was last edited on 21 October 2018 , at 01 : 13 ( UTC ) . 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