SOURCES OF LAW

Sources of Law



Sources of Law

Introduction

The formal sources of law are the acts or events of the past resulting in the creation, modification or termination of legal rules. Sometimes, too, by such means the bodies which issue the laws that make the legal system (known as regulatory bodies or regulatory powers), and historical factors that influence lawmaking. In what follows, respectively, the notions of sources of law in a material sense (material sources) and sources of law in the formal sense (or formal sources).

In general, is the principle source or origin of a thing, the place where born or produce something. It is the beginning, the foundation, origin, cause or explanation of a thing. When discussing the origin of the rule of law, we refer to the facts that give birth to the manifestations of human will or practice or social practices that generate it, we mean, of course, the origin of the own goal, Domestic law.

According to the doctrine commonly accepted, are sources of law:

The Constitution. In some countries, the constitution may be unwritten, as happens in some systems of common law.

The Act broadly, covering all Statutory regulations emanating from both the legislature and the executive branch its definition would be: the law passed by the competent authority that commands or prohibits housing in accordance with the law and good governments and citizens

The Custom. The key distinctive feature between law and custom is at the source or origin, as the law comes from the legislature that society statues, as does the custom of the same company, that through continued observation of Behavior eventually impose as a precept. Still, this is not a source of law, but the basics are taken from it. Nonetheless, in some jurisdictions may be an extra source of law, as under Spanish legislation.

The General Principles of Law and Jurisprudence, which complement and serve to interpret the rules to be applied, as are sources that in practice are very important.

The regulations emanating from the executive branch, which usually develop the law. Typically has a hierarchical dependence of the law, without prejudice to any regulations arising from the regulatory authority independent.

The Doctrine, while that may influence the adoption of standards or criteria for interpretation.

The priority of sources is set by each law differently. The force given to the practice and case law is not the same, for example, in continental law in common law.

Sources of Common Law

Common law (common law) originated in England as a result of the court and was subsequently accepted by almost all countries are under the authority or the political influence of the English crown. Despite the significant differences that exist today between the legal system of England and the national legal systems of other countries covered by common law, an imprint superimposed on recent models, approaches and concepts of English law, still largely determines the structure of the sources of law, the organization of the judicial process, proof system, etc.

The common law covers a set of principles and rules relating to ...