Sources of law
Q what is sources of law and sources of right, explain?
Q define sources of law and explain anyone of the sources in detail.
Q Explain the sources of law? What can a judge do to fill the gaps in formal sources of law?
The term law is define as a general rule of human conduct, taking cognizance only of external acts, recognised or framed by the state and enforced by its coercive authority. Law is made from its sources. Sources of law mean the origins of law, i.e. the binding rules governing human conduct. Such sources may be international, national, regional or religious. In general Sources of law are either legal or historical. The legal sources are authoritative, the historical persuasive. Legal sources are the only gates through which new principal can find entrance into the law. Historical sources operate only mediately and indirectly. This is so because the basic norm of a system of law lays down how new principles can be created and old disturbed. Following are legal sources of law:
Legislation, both supreme and subordinate
Case law or judicial precedent
Customs
Agreement
Legislation: legislation is a making of law by the formal and express declaration of new rules by some authority in the body politic which is recognized as adequate for the purpose. It is the important source of law that is made by legislature or parliament with consensus of majority of its representatives. Legislature lays down rules for the future and are not concerned with an actual dispute. Law-making is the central function of legislature though it may also pass acts to ratify a treaty, declare war, etc.
Precedent: A precedent is the making of law by the application of new rules by the courts themselves in the administration of justice. Case law is developed within the courts themselves. It is important in countries where there is common law system. Precedent of superior court are binding on other subordinate court. The court is concerned with an actual dispute and applies the rule that it formulates to the case on hand this means that law-making in courts are incidental.
Customs: when customs fulfil the requirements laid down by law as conditions for their recognition, they are obligatory rules of conduct. It is frequently the embodiment of those principles which have commended themselves to the social conscience as principles of justice and public utility. Like law is based on sovereign power, custom on public opinion
Agreement: agreement may be the source of conventional law. It is in the nature of special law inter partes, that is parties to the agreement, and may be in addition to or derogation of the general law of the land
SOURCES OF RIGHT:
Legal sources are classified into four kinds of law. Following are them:
Enacted alw, having its ource in legislation
Case law, having its source in precedent
Customary law, having its source in custom
Conventional law, having its source in agreement
Incidentally, sources of law may also serve as sources of rights. A source of right is some fact which is legally constitutive of rights. An act of parliament is a typical sources of rights, such as an Act incorporating the Life insurance Corporation of Pakistan. A judicial decision is a source of law as regards the world ar large, but it is also a source of right as regards the successful party; it is both a precedent as well as judgement
