The sources of 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.

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.

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.

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, and to provide (funds), to sanction, to grant, and to declare or to restrict. It can also be redistricted.

The sources of law - it is coming from the state or recognized those officially documented forms of expression and consolidate the rule of law, giving them the legal, compulsory values ​​.

Historically, the legal custom is a first source of law. Custom is 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.

Legal practice - it is a rule of conduct created by a permanent human use and has become a habit, the observance of which is ensured through state coercion.

However, custom acquires legal nature when there is a state because in this case the legal practice relies on state and becomes mandatory for all.

Among the important sources of law applies the doctrine (teaching knowledge system). The doctrine is important forms of law in other jurisdictions, for example, in that part of Islam, which is the basis for the resolution of family and marriage, property and other disputes in Muslim countries (for example, Iran, Iraq, UAE). The Qur'an and Sunnah should be called at first. The Quran - the sacred book is a collection of sermons, speeches, and the commandments of God; Sunnah - a biography of the Prophet Muhammad. The doctrine of works of scientists is the source of law. So, in English-speaking countries, judges often justify their decisions references to the works of British scientists.

The next source of law - legal precedent. The judgments 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 judgment 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. There are two kinds of precedents: judicial and administrative. Administrative precedent, the court's decision, taken by public authorities or by the court in a particular case, which is regarded as a model when considering similar cases. Judicial precedent - the court's decision, made ​​by a particular case, which has become the rule, mandatory for all vessels of the same or a lower court decision in a similar case. Decisions of higher courts in similar cases are binding on lower courts.

The most common source of law is a normative legal act, which is an official document created by an authorized state body and adopted in accordance with established procedure, containing generally binding rules of conduct. Normative legal acts differ in content for the body, to publish it, and making procedure.

Дата добавления: 2014-10-17