Sources of law

Sources of law

 According to Salmond, following are the main sources:

1.  Formal sources

2.  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.

Process of legislation 

Parliament: Law/ statutes are made by the parliament.

It is also called legislature and consists of, National Assembly, Senate and President of Pakistan. 

Process of legislation—Explained

Parliament/federal legislature has been given powers to make laws by the constitution of Pakistan (1973) 4^th schedule in two lists that is:

A bill can be presented in either house whether national assembly or senate and after being passed by simple majority shall be transmitted to other house. When the bill is passed by both houses of the parliament, it is then presented to the president for assent.

If the bill presented to President is not given assent or sent back to the parliament for any amendments, it will be considered in the joint sitting of the both houses of the parliament and if passed shall be again presented to the President for his assent. Now the bill will become the act of parliament and president does not have powers to withhold assent.  

The bill when passed by the parliament is called an Act.

Money Bills

Money bill shall originate in the national assembly and after being passed shall be presented to the president for assent. Money bill shall not be presented to the senate. The rest of the procedure is the same as explained above.

Ordinance

Under the constitution of Pakistan, the President can promulgate an ordinance, if any house of parliament is not in session. The ordinance shall stand repealed after one hundred twenty days, if it is not presented or passed by the parliament.

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