Sources of Law

Sources of Law

Primary Sources of Law

• Constitution: The supreme law of the land, outlining the framework and powers of government, as well as individual rights and freedoms.
• Statutes: Laws enacted by legislative bodies, such as Congress or Parliament, including codes, acts, and ordinances.
• Case Law: Judicial decisions and rulings that establish precedents and interpretations of statutes and constitutional provisions.

Secondary Sources of Law

• Regulations: Rules and guidelines issued by administrative agencies to implement and enforce statutes.
• Executive Orders: Directives issued by the executive branch of government, often outlining policy or procedure.
• Treaties: Agreements between nations, ratified by the legislative branch, which become part of the law of the land.

Other Sources of Law

• Custom: Long-standing practices and traditions that have developed into legal norms.
• Equity: Principles of fairness and justice, applied in cases where statute or common law do not provide adequate remedies.
• International Law: Rules and norms established by international agreements, treaties, and customs.

Hierarchy of Sources

• Constitution > Statutes > Case Law > Regulations > Executive Orders > Treaties > Custom > Equity > International Law

Sources of Law

Primary Sources of Law

• The Constitution is the supreme law of the land, outlining the framework and powers of government, as well as individual rights and freedoms.
• Statutes are laws enacted by legislative bodies, such as Congress or Parliament, including codes, acts, and ordinances.
• Case Law refers to judicial decisions and rulings that establish precedents and interpretations of statutes and constitutional provisions.

Secondary Sources of Law

• Regulations are rules and guidelines issued by administrative agencies to implement and enforce statutes.
• Executive Orders are directives issued by the executive branch of government, often outlining policy or procedure.
• Treaties are agreements between nations, ratified by the legislative branch, which become part of the law of the land.

Other Sources of Law

• Custom refers to long-standing practices and traditions that have developed into legal norms.
• Equity involves principles of fairness and justice, applied in cases where statute or common law do not provide adequate remedies.
• International Law comprises rules and norms established by international agreements, treaties, and customs.

Hierarchy of Sources

• The Constitution takes precedence over all other sources of law.
• Statutes take precedence over Case Law, Regulations, and Executive Orders.
• Case Law takes precedence over Regulations and Executive Orders.
• Regulations take precedence over Executive Orders.
• Treaties, Custom, and Equity are considered lower in the hierarchy, but still important sources of law.

Learn about the primary and secondary sources of law, including the constitution, statutes, case law, and regulations. Understand the framework of the legal system and how laws are enacted and interpreted.