Sources of law
According to Salmond, following are the main sources:
- Formal sources
- Material sources
Formal Sources
Formal sources are comprised of statutes and decision of the courts.
Material sources
Material sources are comprised of legal sources and historical sources. Legal sources are comprised of the following:
- Legislation
- Precedent
- Customs
- Agreement
The main instruments under the legal sources are legislation and precedent.
First of all Precedent is explained.
Precedent or Case Law:
The decisions made by superior judiciary contain interpretation of law are called case law or precedents. The decisions can be relied upon/cited as precedents in future at the time of adjudication of the cases.
Principles of binding precedent are underlined below
- The decision relied upon must be based upon the interpretation of law.
-The precedent must have nexus to the central point of the case.
- The facts of the precedent being cited and the case being adjudicated upon must be the similar.
Banking laws and practices Headline Animator
Saturday, October 31, 2009
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