Sources of law facts for kids

Sources of law are the places where rules for a country come from. These rules, called laws, help a government manage its land and people. Think of them as the foundations or origins of all the rules we follow.

Sometimes, "source of law" can also mean the main authority or power that makes a law valid and real.

What Makes a Law Valid?

Understanding where laws come from can depend on how you think about justice. For example, a leader might have power in reality (de facto), but some people might say their power isn't truly right or legal (de jure).

After WWII, during the Nuremberg trials, people who had committed terrible acts could not say, "I was just following orders." They were held responsible for breaking "universal standards" of right and wrong, showing that some rules are seen as always true, no matter what a leader says.

Over many years, legal ideas have grown from old customs. Things like human rights and common law started as unwritten rules. Canon law and other religious laws come from religious beliefs or holy books. This is important in countries with a state religion.

Past court decisions, called precedent or case law, can also change or create new laws. Finally, written laws like Legislation, rules, and regulations are clear sources of law that can be enforced.

Law Sources in Different Countries

Different countries have different ways of making laws. In countries with a "civil law" system, laws are mostly found in official books called legal codes, like the civil code or criminal code. They also use customs.

In "common law" countries, like England, laws come from many places working together. Sometimes, civil law systems borrow ideas from common law, and vice versa. For example, Scotland and South Africa have a mix of common law, civil law, and even tribal law.

A country might follow international rules or have a written constitution. But usually, the main national government is the most important source of law. Even if a constitution seems like the top law, the national government can often change it by following certain rules.

International laws, like treaties, can sometimes be more important than national laws. However, countries usually have to agree to these treaties first, and they can also choose to leave them later. Local governments can make their own small rules, but they get this power from the national government.

In England, which is a classic common law country, laws have a special order of importance:

• Legislation (laws made by Parliament)
• Rules from case law (judge-made law)
• Unwritten rules for Parliament (conventions)
• General customs
• Important legal books

International Law Sources

International Agreements

Countries can sign international agreements called Conventions and Treaties. These usually become official only after a country formally approves them, which is called "ratifying" them. Most agreements only start to apply when a certain number of countries have ratified them.

An international agreement can become part of a country's own laws. For example, the European Convention on Human Rights is enforced by the European Court of Human Rights in Strasbourg.

European Union Law

The European Union (EU) is a special example of international law. When countries join the EU, they agree to follow all EU laws already in place. These include treaties, rules, and court decisions from the Court of Justice of the European Union (CJEU) in Luxembourg.

However, the EU can only make laws based on its treaties, and the CJEU's decisions are only supreme in matters of EU law.

National Law Sources

Legislation

Legislation is the main source of law. It means creating legal rules by an official authority, usually a parliament. Legislation can do many things: it can set rules, allow things, provide money, or stop certain actions.

A parliament makes new laws, like Acts of Parliament, and can change or remove old ones. Sometimes, Parliament gives power to other groups to make smaller laws. In the UK, these smaller laws include Statutory Instruments and Bye-laws. These smaller laws can be challenged if they weren't made correctly.

Most parliaments have their powers limited by their country's Constitution. Also, the idea of separation of powers usually means that Parliament only makes laws. While Parliament makes the laws, courts are the ones who explain what those laws mean. The process for a new law usually involves a bill being discussed, changed, and then approved to become an Act.

Case Law

Judicial precedent is also called case law or judge-made law. It's based on the idea of stare decisis, which means "to stand by things decided." This is mostly used in countries with English common law systems, but some civil law countries also use it.

Precedent means that judges look at decisions made in similar cases over hundreds of years. When there's no clear law for a new situation, judges use their understanding of right and wrong to decide. These important past decisions then guide judges in future cases that are similar.

Case law is flexible and can adapt to new situations. It allows a judge to apply "justice" in a way that fits the specific case, rather than just following a strict rule.

Equity (England Only)

Equity is a special part of law found only in England and Wales. It's a type of case law that was developed by a special court called the Court of Chancery (which no longer exists). When there's a conflict, equity's rules are more important than common law rules.

Equity is known for creating things like trusts (where one person holds property for another's benefit) and special remedies (ways to fix a problem that common law couldn't). One famous rule of equity is: "He who comes to equity must come with clean hands," meaning you must be honest to ask for equity's help.

Parliamentary Conventions (UK Mainly)

(not to be confused with International Conventions)

Parliamentary Conventions are not strict laws, but they are unwritten rules that guide how Parliament works. If these rules are broken, it can sometimes lead to a law being broken. They are very important in the UK because it doesn't have one single written constitution.

These conventions often control how different parts of government work together, like the House of Lords and the House of Commons, or the monarch and Parliament. For example, after 1909, the House of Lords could no longer completely block new laws, only delay them.

Customs (England & Commonwealth Nations)

A "General Custom" is an unwritten practice that has existed for a very long time, like "since time immemorial" (meaning since 1189 AD). If a practice has been around that long, it can become a source of law.

A "Particular Custom" is a specific local practice that can become a legal right. For example, a group of people might have used a path across someone's land for so long that it becomes a legal right called an easement.

Books of Authority (England Mainly)

Before the 1900s, English judges would often look at certain "books of authority" for guidance. Famous legal writers like Coke and Blackstone were often quoted.

This old rule of only quoting dead authors has changed. Today, judges can quote important legal writers even if they are still alive.

See also

In Spanish: Fuentes del derecho para niños

• Jurisprudence
• Legitimacy
• Legal socialization
• Opinio juris sive necessitatis
• Sources of international law