3: SOURCES OF LAW
LEARNING OUTCOMES
After studying this topic and the relevant readings, you should be able to:
• identify the sources of law and law-making processes
• analyze the sources of law in a comparative context
• understand why and how the law is reformed.
SOURCES OF LAW AND THE LAW-MAKING PROCESS
MODULE GUIDE
There are 3 sources of Law:
1. Law made by Parliament: Legislation, statutes, Acts of Parliament
2. Law decided in courts: Common law or case law, decisions of judges in
cases applied in the future.
3. ECHR: Human rights law or European courts of human rights and now
incorporated into UK law through the Human Rights Act 1998.
PRIMARY AND SECONDARY LEGISLATION
o Primary legislation refers to the Acts of Parliament or statutes.
o Often takes a long time for primary legislation to get through all the stages in
the Parliamentary process.
o Secondary legislation, also known as statutory instruments, is also known as
regulations, rules or orders.
o They are the broad provisions of rules and detailed rules produced later under
the authority of the said act.
DEVOLVED LEGISLATION
o Devolution refers to the transfer of some powers to the three nations which
make up the UK.
o This includes Scotland, Wales, and Northern Ireland.
o Scotland Act 1998, Government of Wales act 1998 and the Northern Ireland Act
1998 established the Scottish Parliament, the Welsh Assembly and the
Northern Ireland Assembly.
o Powers were devolved to these bodies.
o Each of the devolved legislature can pass legislation in areas specified by the
statute, as well as being bound by much of the legislation passed by UK
Westminster parliament.
, COMMON LAW OR JUDGEMADE LAW
o Common law is contained in the decisions of courts.
o They are not legal rules contained in the Acts.
o They are found in the previous cases decided by courts.
o These are referred to as legal precedents which establish the relevant legal
principles.
o English Common law developed, and its origin was in the 12 th century.
o 18th century, Sir William Blackstone:
Common law is found in the records of several courts of justice in books or
reports and judicial decisions. This gave rise and origin to that collection of
maxims and customs which is now known by the name of common law.
EUROPEAN UNION LAW
o The EU is an economic and political partnership between 27 European countries
created after the Second World War.
o This was to encourage economic cooperation because economic
interdependence may avoid future conflict.
o It is known as both an economic and political union.
o Based on the rule of law, its laws are based on treaties that have been
democratically agreed on by all member countries.
o One main goal is to promote human rights.
o Treaty of Lison 2009 the EUs charter of fundamental rights have placed all these
rights in a single document. The EUs institutions are legally bound to uphold
them as are EU governments when they apply the EU law.
o UK Left the EU on 31 January 2020 (Under the EU (withdrawal agreement Act
2020).
o The withdrawal act 2018 made provisions to what is defined as retained EU law.
o EU law is no longer a source of domestic law.
o All the EU law that existed until 31 Dec 2020 was converted into domestic law.
o Retained EU law became part of domestic law either as primary or secondary.
o Even though courts aren’t bound to follow the EU anymore, the EU law and
judgements help them interpret the law and how retained law should apply.
o The retained EU Law (Revocation and Reform) Act 2023 received royal assent on
29 of June 2023 and made changes to retained EU law.
o Even though it was controversial because of its intention to include provisions
that would have bought about revocation of retained legislation at the end, it
was still published.
LEARNING OUTCOMES
After studying this topic and the relevant readings, you should be able to:
• identify the sources of law and law-making processes
• analyze the sources of law in a comparative context
• understand why and how the law is reformed.
SOURCES OF LAW AND THE LAW-MAKING PROCESS
MODULE GUIDE
There are 3 sources of Law:
1. Law made by Parliament: Legislation, statutes, Acts of Parliament
2. Law decided in courts: Common law or case law, decisions of judges in
cases applied in the future.
3. ECHR: Human rights law or European courts of human rights and now
incorporated into UK law through the Human Rights Act 1998.
PRIMARY AND SECONDARY LEGISLATION
o Primary legislation refers to the Acts of Parliament or statutes.
o Often takes a long time for primary legislation to get through all the stages in
the Parliamentary process.
o Secondary legislation, also known as statutory instruments, is also known as
regulations, rules or orders.
o They are the broad provisions of rules and detailed rules produced later under
the authority of the said act.
DEVOLVED LEGISLATION
o Devolution refers to the transfer of some powers to the three nations which
make up the UK.
o This includes Scotland, Wales, and Northern Ireland.
o Scotland Act 1998, Government of Wales act 1998 and the Northern Ireland Act
1998 established the Scottish Parliament, the Welsh Assembly and the
Northern Ireland Assembly.
o Powers were devolved to these bodies.
o Each of the devolved legislature can pass legislation in areas specified by the
statute, as well as being bound by much of the legislation passed by UK
Westminster parliament.
, COMMON LAW OR JUDGEMADE LAW
o Common law is contained in the decisions of courts.
o They are not legal rules contained in the Acts.
o They are found in the previous cases decided by courts.
o These are referred to as legal precedents which establish the relevant legal
principles.
o English Common law developed, and its origin was in the 12 th century.
o 18th century, Sir William Blackstone:
Common law is found in the records of several courts of justice in books or
reports and judicial decisions. This gave rise and origin to that collection of
maxims and customs which is now known by the name of common law.
EUROPEAN UNION LAW
o The EU is an economic and political partnership between 27 European countries
created after the Second World War.
o This was to encourage economic cooperation because economic
interdependence may avoid future conflict.
o It is known as both an economic and political union.
o Based on the rule of law, its laws are based on treaties that have been
democratically agreed on by all member countries.
o One main goal is to promote human rights.
o Treaty of Lison 2009 the EUs charter of fundamental rights have placed all these
rights in a single document. The EUs institutions are legally bound to uphold
them as are EU governments when they apply the EU law.
o UK Left the EU on 31 January 2020 (Under the EU (withdrawal agreement Act
2020).
o The withdrawal act 2018 made provisions to what is defined as retained EU law.
o EU law is no longer a source of domestic law.
o All the EU law that existed until 31 Dec 2020 was converted into domestic law.
o Retained EU law became part of domestic law either as primary or secondary.
o Even though courts aren’t bound to follow the EU anymore, the EU law and
judgements help them interpret the law and how retained law should apply.
o The retained EU Law (Revocation and Reform) Act 2023 received royal assent on
29 of June 2023 and made changes to retained EU law.
o Even though it was controversial because of its intention to include provisions
that would have bought about revocation of retained legislation at the end, it
was still published.
