Sources of the Law

Where does law come from?

Laws don’t appear out of nowhere — they are created, interpreted, and applied through recognized sources of law. Understanding these sources is crucial for understanding how legal systems function, how rules gain authority, and how laws can change over time.

In any modern legal system, the sources of law refer to the origins from which legal rules and principles derive their force and legitimacy. These sources provide the content of the law — what the rules are — and the authority behind them — why they must be followed.

Main Sources of Law

While different countries may use different legal systems, most share these core sources of law:

1. Constitutional Law
   The highest source of law. Constitutions set out the fundamental principles, rights, and structure of government. All other laws must conform to the constitution.

2. Legislation (Statute Law)
   Laws made by elected bodies like parliaments or congresses. These written laws are known as statutes or acts and are often the most direct source of legal rules.

3. Common Law (Case Law or Judge-Made Law)
   Legal principles developed by courts over time through judicial decisions. Judges interpret laws and apply legal reasoning to decide cases, creating precedents that guide future decisions.

4. Delegated or Secondary Legislation
   Rules made by government ministers or agencies under the authority of primary legislation. These allow details to be filled in without passing a full new law.

5. International Law
   Treaties, agreements, and legal obligations between countries that can influence or become part of domestic law, especially in areas like human rights, trade, and the environment.

6. Customary Law (in some jurisdictions)
   Long-established practices or traditions that have gained legal status, particularly in indigenous communities or historical systems.

In future lessons, we’ll take a closer look at each of these sources, how they are created, and how they interact.