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Not to be confused with The Sources of English Law.

Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters.It also refers to the sovereign or the state from which the law derives its force or validity.

Several factors of law have contributed to the development of law. These factors are regarded as the sources of law.

Precedents[edit]

Precedent is one of the sources of law. The judgements passed by some of the learned jurists became another significant source of law. When there is no legislature on particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent cases of a similar nature and they are called precedents. 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. Precedent is more flexible than legislation and custom. It is always ready to be used.

Customs[edit]

A custom is a rule which in a particular family or in a particular district or in a particular section, classes or tribes, has from long usage obtained the force of law. The dictionary of English law[citation needed] defines custom as a law not written, which being established by long use and consent of our ancestors has been and daily is put into practice. Custom as a source of law got recognition since the emergence of sovereignty on the horizon of jurisprudence. It is an exemption to the ordinary law of the land, and every custom is limited in its application. They are practices that have to be repeated for a period of time.

Legislation[edit]

Legislation is that source of law which consists in the declaration of legal rules by a competent authority. Legislature is the direct source of law. Legislature frames new laws, amends the old laws and cancels existing laws in all countries. In modern times this is the most important source of law making. The term legislature means any form of law making. Its scope has now been restricted so a particular form of law making. It not only creates new rules of law it also sweeps away existing inconvenient rules.

From the definition of politician Mohamed Abdullahi Farmajo, defines legislation as Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict.it can also be redistricted.

Statutory interpretation[edit]

See also: Judicial review

Interpretation is a very important function of the court. The process of ascertaining the meaning of letters and expressions by the court is either interpretation or construction. Interpretation is the process of which the court seeks to ascertain the Meaning of a particular legislature. It is through interpretation, the judiciary evolves the law and brings the changes in it and thus keeps the law abreast of law.

Preparatory works[edit]

Main article: Legislative history

In some legal cultures, some of the documents produced in the process leading up to legislation are subsequently used as guidelines on how to interpret and understand an act of legislation.


Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Sources_of_law — Please support Wikipedia.
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34 news items

 
Cayman Compass
Thu, 07 Aug 2014 14:22:30 -0700

While bankruptcy law in the U.S. and most other countries is largely a matter of national-level bankruptcy law, the battle between local (state) and national (federal) law causes persistent confusion in the United States, and the choice between the two ...
 
The Star Online
Tue, 19 Aug 2014 18:30:00 -0700

The social customs and cultural norms of a given society, called `urf or `adah in Islamic jurisprudence, form one of the subsidiary sources of law. Muslim jurists deemed the local customs to be shar'i, meaning they are compliant with Shariah and have ...
 
Politico
Mon, 18 Aug 2014 07:03:45 -0700

“Neither supposed requirement is found in the statutes and other sources of law Plaintiffs cite.” In a lengthy filing, DOJ attorneys lay out their arguments for why almost all of the claims brought by Native groups should be dismissed outright. If the ...
 
AllAfrica.com
Fri, 08 Aug 2014 23:00:00 -0700

The sources of law in most African countries are customary law, the common law and legislation (both colonial and post-independence). In a typical African country, the great majority of the people conduct their personal activities in accordance with ...
 
Fair Lady
Fri, 08 Aug 2014 05:07:44 -0700

The sources of law in most African countries are customary law, the common law and legislation (both colonial and post-independence). In a typical African country, the great majority of the people conduct their personal activities in accordance with ...

Vanguard

Vanguard
Wed, 13 Aug 2014 01:07:08 -0700

The contention was that having been champion and uphold democratic principles, as enshrined in the constitution and other legitimate sources of law-making." It would be recalled that as delegates resumed plenary on Monday after a month break, the ...
 
Business Recorder
Wed, 13 Aug 2014 16:08:01 -0700

The establishment of Pakistan in August 1947 was the culmination of the long drawn political struggle for the protection and advancement of Muslim socio-culutral identity, political rights and interests in British India. Quaid-i-Azam Muhammad Ali ...

Middle East Monitor

Middle East Monitor
Thu, 31 Jul 2014 07:37:30 -0700

These examples eventually came to be one of the sources of law in Islam, known collectively as the sunnah, the sayings and way of life of the Prophet, made up of individual hadith, or examples. Neither the Qur'an nor the sunnah contained instructions ...
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