Understanding Sources of Law

• Sources of law refers to the origin from which rules of human conduct come into existence, deriving legal force or binding characters.

Importance of Sources of Law

• Understanding sources of law is crucial for both lawmakers and individuals.
• Legislators create laws for societal application, thus law-making's primary goal is societal obedience.
• Understanding sources of law helps achieve application of the law, and how to handle conflict of laws.
• Understanding the sources of law from individuals aids in immediate law application, out of respect for the state or fear of consequences.
• Knowing the source of a specific legal rule helps determine the appropriate rule to apply when legal rules conflict.

Types of Sources of Law

• Sources of law are divided into Formal and Informal Sources.
• Formal sources are divided into Written and Unwritten sources.
• Written sources include constitution, legislation, decree, international treaty, statute, and regulation.
• Unwritten sources include custom.
• Informal sources are divided into case-law and legal scientific opinions.

Formal Sources of Law

• Formal sources include all legal rules that judicial bodies consider when making decisions.
• Formal source rules are binding and derive legitimacy from their source.
• These rules cannot be violated by individuals based on illegality claims.
• Formal sources are also classified as written and unwritten.

Written Sources of Law

• Consist of legal rules established by state organs.
• It must be published in the Official Journal of the state.
• Encompasses the constitution, legislation, decree, international treaty, statute, and regulation.

The Constitution

• It is the primary source of law.
• Functions as the fundamental text establishing the state's organizational and functional framework
• The constitution determines the form of the State, the political regime, the relationship between state institutions, and the fundamental rights of citizens.
• Constitutions cover subjects such as the State's form, the political regime, relationships between state institutions, and citizens' fundamental rights.

Legislation

• Legislation consists of legal texts produced by the legislature.
• Legislation appears above regulations, according to the state constitution and hierarchy of norms, and contains abstract rules.
• Types of legislation include constitutional laws (modifies the constitution), organic laws (apply articles of the constitution), and ordinary laws (adopted at the end of the parliamentary processes).

Main Features of Legislation

• Legislation must be written.
• All state legislations are written and called positive law, or legislative law.
• Legislation generally regulates matters related for everyone in equal measure
• Its legislation is applied continuously.

Decree

• It is an order issued by the head of state (e.g., president or monarch).
• Decrees follow procedures established in the constitution.

Main Features of Decree

• Decrees possess the force of law and its drafting/promulgation is the executive power's responsibility.
• Decrees are often used to implement a law.
• Decrees must be published in the official journal of the state.

International Treaties

• An international treaty is a written agreement between international law subjects, producing legal effects and governed by international law.

Main Features of International Treaties

• International treaties involve agreements between states or between states and international organizations.
• Agreements regulate international issues related to the relationships between states.
• With ratification by Parliament or Referendum, treaties possess a binding force greater than a law and the constitution in specific situations.

Statutes and Regulations

• A statute is a legal regulation set of provisions of formal and objective rules for a given legal situation.
• Regulations govern the practical details and applications of the law.

Main Features of Statutes and Regulations

• Statutes are regulations issued by the council of ministers/parliament to demonstrate the implementation of law.
• Statutes take effect once signed by the President and published in the Official Journal.
• The statutes must comply with the constitution.