legislation as a source of law slideshare

... from the laws of humanity and the requirements of … Sources of Law. 5) By legislation, social control is possible Disadvantages of Legislation - The sources of Malaysian law means the legal rules that make the laws in Malaysia, which can be classified into written and unwritten law. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. All sources of Islamic law must be in essential agreement with the Quran, the most fundamental source of Islamic knowledge. If an Act is passed embodying the law in a precedent, the gains an added authority. They discover and declare. For IHL then main sources are customary international law and treaty law such as the Geneva Conventions. Like every branch of law, in order to apply rules, those rules must have a source. Their belief is decided by the sets of laws. Case or Common law is a source of law that originated in England and refers to laws made by judges in the form of precedents. It is the supreme power of the state over all its people and territories. Coke C.J. In modem world things change very quickly and rapidly. Written law is the most important source of law. The State exercises its sovereign power through its laws. Canada. Legislation is the second key source of law and usually takes priority over sources of law other than the Constitution. In Canadian law, primary legislation (also called statute law) consists of acts of the Parliament of Canada and the legislatures of the provinces, and of Orders in Council made under the Royal Prerogative. Secondary sources of Indian law are English Law, Common law, Equity, Law merchant, Statute law, Justice, equity, and good conscience. In this chapter, we will learn about the personal laws of Hindu, Muslims and the Christain community. In the case of absence of statutory or personal law, the Indian courts follow the decision of a case known as 'Justice, Equity and Good Conscience' This department is called the legislature. Muslims believe the Quran to be the direct words of Allah, as revealed to and transmitted by the Prophet Muhammad. 4) Legislation makes new law to the society. A statute is a written (and published) law that can be enacted in one of two ways. There may be more than one legislative body in a country - central, provincial or state and municipal authorities may each have separate power to legislate. So there is a need for the making of laws quickly, for this purpose in every state there is a department for making of laws. Advantages of Legislation - 1) Legislation is the best and most reliable source of law 2) Statutory law is rigid and applicable irrespective of the crime 3) The modern States give more importance to the legislation.

The Malaysian Legal System is based on English common law. The second source of law is statutory law.While the Constitution applies to government action, statutes apply to and regulate individual or private action. Statutory Law. The Quran is therefore regarded as the definitive authority on matters of Islamic law and practice. This theory provides that, Judges only discover law. Sovereignty is its exclusive and most important element.

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