Sources of law is a legal term that refers to the authorities by which law is made. There are a number of different sources that are used to define the creation and force of law, though not all are used equally. Some examples of sources include legislation, government regulation, court decisions, and custom.
The four most common sources of law include cultural customs, common law, precedent, and legislation. Each culture, country, state, or municipality has its own methods and standards for creating laws. While methodologies and technicalities may differ, the basic law sources are consistent, approaching near universal sourcing standards, no matter the country, cultural history, or political climate. To varying degrees, nearly all governments and other forms of leadership rely on similar sources or combination of sources to establish laws.
Constitutional Law
Constitutions are legislative documents that are a primary source of law in many regions. They are typically the highest law of the land, meaning that state or regional laws cannot conflict with a constitutional statute. States may also have constitutions, which local laws cannot conflict with. Most modern countries have a written constitution, though some, like New Zealand and the United Kingdom, have constitutions that are uncodified, meaning that they have grown and changed over time and include both written and unwritten sources.
The corpus of law derived from a written constitution is constitutional law. It establishes the fundamental principles, structures, and powers of government, as well as individual rights and liberties. Constitutional law is the supreme law of the state, directing the operation of the legal system and protecting the rights of citizens.
Statutory Law
In addition to constitutions, many governments have the right to create legislation and statutes. Even local organizations such as city councils have the power to create ordinances that affect citywide behavior. These statutes and ordinances are often recognized as sources of laws.
Statutory law comprises laws enacted by legislative bodies like parliaments and congresses. It addresses numerous aspects of governance, such as criminal offenses, civil rights, contracts, and property. Statutes are enacted through the legislative process and have the force of law, thereby imposing legal obligations on individuals and entities within the jurisdiction.
Case Law and Precedent
Common law is one of the major sources of law that has been in use for nearly 1,000 years. This type of law is based on judges' decisions as well as legislation deeming certain actions illegal. Common law may dictate the specific laws and penalties of certain crimes, including murder, rape, and theft. One common concept in this important source of law is that of precedent, which suggests that future courts follow the rulings of prior courts on specific issues.
The corpus of law derived from court decisions, also known as case law, common law, or judicial precedent. When courts interpret and apply laws to particular cases, their decisions establish legal principles that serve as precedents for future cases involving the same issues. Case law is essential to the formation and growth of the legal system because it clarifies statutes, establishes legal doctrines, and guides the interpretation and application of the law.
Although not all governmental bodies use case law or precedent as sources of law, those that do often use case law to establish legitimacy and application of law. When a court of law or other official entity rules on a particular question of law not previously addressed, a precedent is set. Such case law histories provide a documented record whereby common and legislative laws are applied to real situations. As a source of law, precedence and case law serve to establish documented, real world application of a given law.
Administrative Regulations
Administrative regulations are rules and regulations developed by administrative agencies in order to implement and enforce laws enacted by legislatures. These regulations address particular aspects of governance and provide specific compliance guidelines. The legislature authorizes administrative agencies to create and enforce regulations in areas such as the environment, workplace safety, and financial regulations, among others. Individuals, enterprises, and organizations operating within the applicable jurisdiction must adhere to administrative regulations.
Custom and Natural Law
Custom-based sources of law generally rely on an existing behavior in a population. If, for instance, the entire workforce of a town takes a certain day off work each year, the city council could use that custom to create a law calling that day a public holiday. This type of law dates back at least until the Middle Ages in Europe, when local law would codify rights and responsibilities based on customs that had existed for generations.
Even the most primitive of societies have sources of law, albeit generally less formalized. Where developed nations use common law, tribal groups and nations rely on customary law. Such laws are based on cultural customs and beliefs regarding acceptable behaviors and practices held by tribal society and its elders. Such laws, whether deemed customary or common law, seldom appear in written form, yet citizens adhere to such rules to the same extent as to written law. In terms of law sources, customs and common law represent the universal source for societal rules across all cultures and countries.
Although discussions of sources of law generally revolve around regional law, there are other types of rule systems and guidelines that cite specific sources. Religion, for instance, often draws on specific important texts and laws handed down by elders in the organization to create codes of behavior and permitted actions. Natural law theorists argue that some laws are built into the fabric of universe itself, guiding both behavior and scientific principles, such as the inability to travel faster than the speed of light.
Stages of Law Development
Considering the life of a single law, each of the four sources of law can be seen as a stage of development. To illustrate, a society may establish proper marrying age through cultural customs. As the society grows and advances, cultural beliefs and practices establish a more formal understanding of proper marrying age, forming the basis of common law. Precedent, meaning leaders make public decisions and thus a public record of such laws, backs up common law and establishes its validity through documentation. Eventually, such laws are written and codified, resulting in legislative law.
Examples of Law Sources in Different Countries
Australian law, for example, stems from common law, legislation, and Australia's constitution. Comparatively, sources of law in Spain include legislation, commonly referred to as the principles of law, as well as cultural customs. In the United States and many European countries, law sources include case law or precedent, legislation, and common law. All law sources in the United States must conform to federal and state constitutional rights and guidelines, ensuring that they serve the greater good of society.
