Understanding Sources of Law

• Sources of law provide the origins from which rules of human conduct come into existence, deriving legal force or binding characters.
• Understanding sources of law helps lawmakers and individuals.
• When legislators create laws, it is for application in society, so law-making should ensure obedience for society's interest.
• Understanding the sources of law helps achieve two important objectives: Application of the law, and rules to apply when conflict of laws.
• Understanding the sources of law from individuals ensures it is applied, out of respect for the state or fear of consequences.
• Knowing a specific legal rule's source helps decide which rule is appropriate to apply in specific conflict cases.
• Sources of law are divided into formal and informal categories.
• Formal sources are divided into written and unwritten types.
• Informal sources are divided into case-law and legal scientific opinions.
• Written sources include:
  • Constitution
  • Legislation
  • Decree
  • International treaty
  • Statute
  • Regulation
• Unwritten sources include custom.

Formal Sources of Law

• Include all legal rules that judicial bodies must consider when making decisions.
• These rules are binding and legitimized by their source.
• Formal sources of law cannot be violated by individuals based on illegality claims.
• Divided into written and unwritten categories.

Written Sources of Law

• Consist of all legal rules established by any competent state organ.
• They must be published in the Official Journal of the state.
• Include constitution, legislation, decree, international treaty, statute, and regulation.

Constitution

• It is the primary source of law.
• It fixes the organizational and functional framework of the State.
• The Constitution Determines the form of:
  • State (constitutional or monarchy)
  • Political regime (parliamentary or presidential)
• The Constitution Determines:
  • The relationship between state institutions
  • Fundamental rights of citizens like the right to work, freedom of opinion, and political rights.

Main Subjects of a Constitution

• Regulates specific matters competent in any country.
• Addresses the form of the State, covering aspects like constitutional or monarchy structures.
• Addresses the political regime, like parliamentary or presidential setups.
• Manages the relationship between state institutions.
• Protects the fundamental rights of citizens.

Legislation

• Legislation are legal texts made by the legislature, superseding regulations under the constitution within the hierarchy of norms.
• They contain mostly general abstract rules.
• Types of Legislation can be:
  • Constitutional laws (modify the constitution).
  • Organic laws (specify and apply articles of the constitution).
  • Ordinary laws (adopted at the end of parliamentary actions).

Main Features of Legislation

• Legislation is written.
  • All state legislations are positive laws, or briefly legislative law.
• Legislation is mostly general.
  • Aims to regulate matters related to everyone in the same situation, not just specific groups.
• Legislation is continuous.
  • Not just for a single application, but for ongoing application.

Decree

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

Main Features of Decrees

• It has the force of law.
• Its drafting and promulgation are the responsibility of the executive power.
• It's oftenly an "implementing decree" of a law.
• It must be published in the official journal of the state.

International Treaties

• An international treaty is a written agreement between subjects of international law.
• It produces legal effects and is governed by international law rules.

Main Features of International Treaties

• Involves agreements between states or between states and international organizations.
• Regulates international issues related to the relationship between states.
• They have a binding force greater than a law and sometimes the constitution upon ratification by Parliament or Referendum.

Statutes and Regulations

• A statute is a set of legal regulations defining the formal and objective rules for a given legal situation.
• Regulations are rules that regulate the details and practical applications of the law.

Main Features of Statutes and Regulations

• Statutes are regulations issued by the council of ministers or by parliament to demonstrate the implementation of a law.
• The statutes take effect upon being signed by the President and published in the Official Journal.
• Statutes should comply with the constitution.