The term source indicates that the place of thing from where something emerges or come into existences. Source means origin of law. The source of law is relating to its validity. There is no unanimous view in respect of source of law among the thinkers. Here are five major sources of law which are discussed here under.
According to Salmond there are following sources of law: -
Legislation is the main source of law in the modern states. It enjoys the law making power of country. It is made according to the change of time and it is the outcome of a long series of discussions among the representatives of people. It is made by legislative body and enforced by the supreme power.
Precedent is the judicial decision which contains itself principle. Such principle which creates in the verdict (decision) of court and is applicable to other similar future cases of the same nature of case.
Custom and Usage:
Custom is the oldest source of law. It is habitual behavioral system of the human society. It is the usage of long period in a community. It shows that in primitive society the life of people was regulated by custom. Custom be proved to be immemorial, it must reasonable, continuously observed certain and definite. Those custom which must not oppose principles of morality and must not conflict with the state law, is called a valid custom in present and regarded as a source of law.
Convention means agreement between two or more parties for their dealings. Conventional law is derived form the convention and treaty and it is applicable for the concerned parties. Although it is regarded as weak source of law.
Ordinance and regulation:
An executive body also makes laws in the name of the ordinance, order and regulations. It also fulfills the vacuum of law and is more useful to maintain day to day administrative functions of state.
April 09, 2017