Sources of laws:
"Laws are the set of rules that govern human behavior in a civilized society. Legal rules are made and declared by humans and are subject to change. This is a fact that the law's justification is religious, philosophical, or political.
“Sources of law are the binding concepts that allow every state to rule its territory."
The term "source of law" can refer to the sovereign or power base from which the law receives its justification.
The Law of sources can be classified as primary or secondary.
Primary sources of law:
The primary source of law is the laws themselves. The primary sources of law consist of Constitutions, legislation, rules, and cases. Primary sources of laws are created by these three levels of government, whether federal or state.
- executive: Administrative law is created by the executive branch and published as regulations, the President of the United States issue Executive orders and directives.
- legislative: Laws ("statutes") are created by the legislative branch and are passed and published as statutes.
- Judicial: The judicial branch makes law through issuing decisions, sometimes known as "opinions" or "cases," which are published in case reporters. Company Law Essay Help
Some important features of primary sources of law:
- All court cases involve a primary source of law
- They are first-hand accounts of events.
- They come from official bodies.
Secondary sources of law:
Small amendments to an Act can be made via secondary legislation. The Act must state what changes can be made to it by secondary legislation and what procedure will be followed by secondary legislation.
Secondary legislation can also add extra details to an Act or create new restrictions.
Some important features of secondary sources of law:
- They may be considered as background resources
- They are not enforceable in any court.
- To make the basic legislation more accessible and intelligible, they organize and explain it.
- They are a good way to start legal research.
- Textbooks, journals, and encyclopedias are examples of secondary sources.
- It can summarize an opinion or a statute's holding or interpretation.
Secondary sources, such as treatises, practice guides, legal encyclopedias, and law journal articles, can help you identify and understand primary law, as well as alert you to important statutes and cases that you can include in briefs and notes.
Secondary sources, particularly law journals, may have an impact on legislation.
The main difference between these two can be stated as:
The actual law, in the form of constitutions, court cases, statutes, and administrative rules and regulations, is the primary source. Secondary legal sources not only restate the law, but also examine, analyze, describe, explain, and criticize it.
It is also appropriate to investigate laws (legislative enactments), cases (judicial opinions), and/or statutory documents while analyzing a legal matter (regulations and decisions of administrative agencies). All of these materials are referred to as "primary sources." Most researchers, on the other hand, seek at least one more resource, referred to known as "secondary sources," to aid their study or research. Primary and secondary sources are the most common types of sources utilized in legal research.
Case law is made up of court decisions that are published as "law reports," which are the primary and most fundamental sources of UK law. Producing accurate law reports that contain the facts, issues, and decisions, as well as the legal principles on which the judgment is based, is critical to the proper implementation of the law. The doctrine of judicial precedents is a unique feature of English law, in which court judgments are considered reliable sources of law for future decisions. Law Essay Writing Services Uk