What do you mean by sources of law ? Describes direct and indirect sources of law.

What do you mean by sources of law ? Describes direct and indirect sources of law.

What do you mean by sources of law ? Describes direct and indirect sources of law

What do you mean by sources of law?

The meaning of the word source is origin. Sources of law means the origin of law from which rules of human conduct come into existence. Those things which directly and indirectly play roles in the formation and development of laws are called sources of law. There are various sources of law but there are two major sources of law. They are ; 

Direct sources of law

a. Constitution 

b. Legislation

c. Precedent

d. Custom

e. Convention

Indirect sources of law

f. Professional opinion

g. Juristic writing

h. Reasons

i. Religion

j. Equity, Justice and Good conscience

What do you mean by direct and indirect sources of law?

Direct sources of law 

Direct sources of law are also called primary sources of law. It is binding in nature. People must follow these rules otherwise violations of these laws are subjected to punishment.

a. Constitution: The Constitution is the primary source of law. It is the mother of all laws of the country because other laws derive their validity and legitimacy from the constitution. Article 1 (1) of the constitution states that the constitution is the fundamental law of the land and any law which is inconsistent with the provision of the constitution up to its existence shall be void. It means no law can survive against the Constitution. 

b. Legislation: The term legislation is derived from the Latin term “legis” which means law and ”latum” which means to make, put, or set. So Legislation means making or setting of law. Legislation is a written law passed by the legislature and implemented by the court. E.g. Drugs Act 2035, Guthi Corporation Act 2033, etc. 

c. Precedent: Precedent is a body of principles developed by the Supreme Court in the process of hearing and deciding a case. It is also called judge-made law. Article 128 (4) of the constitution provides the power of making precedent to the Supreme Court and the principles constituted there must be followed by lower courts.

d. Custom: Custom is the primary source of law and it is the oldest form of making law. Law based on custom is known as customary law. In primitive societies, the lives of human beings are regulated by custom. It is an unwritten law created by human beings.

e. Convention: It is the primary source of law because Article 278 of the constitution of Nepal and Section 8 of the Treaty Act, 2049 has declared treaty law shall be applied as the national law of Nepal. Convention is an agreement between two or more than two countries. Nepal has accepted various conventions like CRC, CEDAW, etc, and so on.

Indirect sources of law

It is also called secondary sources of law. It is not binding in nature. People are free to follow or not.

f. Professional opinions: Those people who have in-depth knowledge and experience in their own profession and field can develop an idea to related authority.  Legal professionals can give their valuable knowledge to solve the problems seen in the judicial administration. E.g. opinions given by lawyers, judges, doctors, engineers, etc.

g. Juristic writing: Those people who have in-depth knowledge and experience in law can write or develop legal concepts and any writing.  The genuine writings of law experts, scholars, jurists, lawyers, judges, and law teachers are examples of juristic writing.  It has no binding forces. Juristic writing is as follows; 

International law – Hugo Grotius 
Country Justice – Dalton 
The Concept of Law – H.L.A Hart etc 

h. Reasons: Reasons are also secondary sources of law. Reasons play an important role in law-making. E.g. It is legally prohibited not to get married in close blood relations due to scientific reasons.

i. Religion: Religion is also taken as an important source of law. Because when there was no man-made law the state or king used religious laws to regulate human behaviour. E.g. Hindu holy book Geeta is part of Hindu law in Nepal. The Bible was part of Christian law in England.

j. Equity, Justice, and Good consciences: Equity, Justice, and Good consciences are closely related to social and natural justice.  Basically, equity, Justice, and Good conscience are dependent upon the discretionary power of judges which they could use in the decision of the court. 

Anish Kumar Tiwari

I am Anish Kumar Tiwari, founder of this blog. I can write very well on any topics and I like to share information on different topics through my blog. Thank you for visiting my blog.

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