WHAT ARE THE SOURCES OF LAW?
Now-a-days, the younger peoples are concerned about their rights and duties and mainly about the whole law. The law is generally applicable the constitution. We have read the laws before in books. But we rarely go deep down that where it is coming from? and what are the sources of law? So today I am going to tell you about the sources of law. There are many jurists who have given their views, but there are no specific sources. I have studied some of few that where it is coming from. There are three types of laws which contains some deep- down points about the law: constitutional law, statutory law and case law. These three defines the sources and how it works. As we know that constitutional laws are generally for the laws which is made up for the citizens of the country and for governing the country. The constitutional law contains governmental and private action, it observes the state and develops it how it would be. Laws are the basic need of the country and it governs it too. The private actions mean, that it includes the common law which actually relates with the individual like administrative law. Now we come to the next point, which is superiority. The superiority in the constitution is important as if we do not give them superiority then nobody will obey the rules and regulations. Giving the superiority to the laws have another point that they will choose the rightest one and the fair one. But if the superiority is changed in the arbitrary behave, then it can dismiss by the majority. The sovereign authorities can not behave arbitrary as the laws implied on them. Exceptions to the constitution, it means that constitution have merits and demerits, so if they want to make any mix-up, they can do it. Secondary point is statutory law, these laws are generally in written, it governs administrative law as well. It has oral effect also. Passing and making the ordinances is part of the statutory law. Ordinances, are temporary laws which generally made up for permanent laws. Inferiority in the statutory laws like constitutional and statutory laws does not conflict with supersede constitutional rights. In statutory law, the mode penal code includes criminal statutes, which all country and state should adopt. Now the last point is case law, the case laws are the main point as well as for the examples for the relating cases. In my opinion this point everyone will describes that the case laws are important for the sources of law. Everyone should consider the case laws as important because it contains many brief points under case laws during relating the case. Case laws contains, English common law and the limitations also, powerful nature of case laws, example of judicial review, case citation, case brief. These points contain their own points which describes it. As we read under the English common laws are uncodified, and actually based on the precedents, it is adversarial system between two opposing parties, it includes the writs and court of equality. The powerful nature of case means that the case should have the strong facts to fight out. We should read the case in brief so we can took out a fact as well as relatable laws. Reading the citation in brief is also an advantage.
Precedents and customs are the two more points fir customs of law but we can read out through books.
The laws are generally followed by the Britain laws English common laws.
The human rights act, also gives us the point and many kind of laws contains in it.The human right act separately have superiority but they gave relevance with.
There are some point of sources in diagram, as well as it is all described in my article . These point are the main in my article.
There are some points which defines the sources in short ; the codes, constitution, human rights act, administrative law, natural laws, customs and precedents.These are thevmain points but they thheir own different works and limitation.They confer the legalities of law.Because of many diversions lot’s peoples get confuse that how customs and precedents make the sources for law.
The legislative and judiciary also defines how they made themselves the sources of law.Ther legislation generally makes a law then the judiciary pas them with the legalities and with the rules and regulations.They both works together for the law it is in actual a one unit but different powers.
As we are reasding that the sources have their own powers and limitations they works distinctly but for the same thing they works. Our law is not the shortest one, it is lengthiest and interesting one.