THE SOURCES OF LAW

The sources of law mean an origin of laws, how laws are made .it also refers to state from
which laws drives its validity. There are different sources of law, from which some are
discussed below.........
1. Constitution
2. Legislation
3. Precedent
4. Customs
5. Agreements
6. Principles
7. Religion
8.equity
1. CONSTITUTION
The word constitution is derived from Latin word constitutio which means order and regulation.
Constitution is a system of fundamental laws and principles that pursue the nature, function, and
limits of government and another institution.
According to Aristotle; “constitution is the arrangement of magistrates in a state, especially it is
highest of all.”
According to Thomas Paine; constitution is written document which contains (there) rules which
provide the frame work for government.
A constitution is collection of principles according to which the powers of the government, the rights
of government, and the relation between the state and citizen are adjusted. It deals with the
composition, powers, procedure and relationship between state and institutions. Constitution is a body
which defines the role, power and structure of different entities within a state.
Constitution as a source of law;
Constitution is main source of law from which other laws are made. Every country has its own
constitution .The constitution is a source of law because it creates and allocates power between
legislative , executive , and judicial branches of federal government , and constitution is supreme law
of the land , it is also source for many other laws because laws are made according to constitution. No
any law is made which is opposite of constitution.
Constitution is important source of law because it protects individual freedom and its
fundamental principles govern the nation. Basically it is gate way between the powers of government
and public right. Constitution is also affecting the life style of people particularly thinking, ideology,
education, health and wealth.
CONSTITUTION OF PAKISTAN
The constitution of Islamic republic of Pakistan also known as the 1973 constitution .constitution is
the supereme law of Pakistan drafted by the government of Zulifiqar Ali Bhutto .It was approved by
parliament on 10 April 1873.
The constitution of Pakistan is formed according to
1.Almighty Allah
2.Prophet Muhammad (S.A.W)
3.Holy Quran
No any law is made opposite to these three elements; the constitution is intend to guide Pakistan’s law
and its political, culture and system. It identifies the state, people and their fundamental rights.
The constitution has following basics elements;
1, Separation of powers
2, Cheek and balance
3, judicial review
4, Equal protection of law
5, Freedom of speech and life.
2. LEGISLATION;The word legislation is derived from Latin word legislatum , which is
combination of two words legis means law and latum means making , literally it means making of law
It is process of making of law by government and by parliament.
Legislation as source of law;
According to Salmond “legislation is that source of law which consist in declaration of legal rules by
a competent authority”
Austin says that there can be no law without legislation act .
Legislation is the process of making law under legislature or government authority which has power
to make it .In modern world things change very quickly and rapidly .so there is need for making law
quickly for this purpose in every state there is a department for making of laws. This department is
called the legislature , so today bulk of laws are followed by every state made by legislature , and the
process of law making and their designing is called legislation . which is one of the important source
of law making today . Legislation is also called as statutory law. It is law which have been enacted
by legislature or other government body. Legislature is that person which makes, amend and repel
law. Before an item of legislation becomes law it is called bill.
Legislation in Pakistan;
From 1947 to 1973 , the country had had a unicameral system ,but under 1973 Pakistan adopted a
bicameral federal legislature called parliament composed of senate as upper house and national
assembly as lower house .according to the constitution of Islamic republic of Pakistan the president
of Pakistan is also a component of the parliament .
3. PRECEDENT;
An earlier event or action that is regarded as an example or guide to be considered in subsequent
similar circumstances.
According to Gray; “a precedent covers everything said or done, which furnishes a rule of subsequent
practice.” OR
According to Austin “precedent are judiciary law.”
OR
According to Bentham “precedent is judge made law.”
Precedent is meant by anything said or done which is quoted and cited as authority for subsequent
conduct .precedent is created by judicial decision pronounced by court which may be given either by
a superior court . a judicial decision is precedent when it lead for making of any law otherwise it is
judgement .
Precedent as source of law;
Judges do not make laws .they only apply and interpret laws but sometimes when a case is is not
covered by an existing law the judges extend it by giving a new interpretation it , these are called
judges made laws or precedents, which are to be followed by lower courts .sometimes the legislature
makes new law based on such decisions .for this reason judicial decision or precedent became a
source of law. The use of precedent for making of law provides predictability ,stability, fairness , and
efficiency in the law.
4. CUSTOM;
A Custom is an activity or a way of behaving, an event which is usual or traditional in particular
society at particular event.
According to Austin; custom is rule of conduct which is governed observance, spontaneous, not in
pursuant of law settled by a political superior.”
Custom can be simply explained as those long established practices or unwritten rules which have
acquired binding or obligatory character.
Custom as source of law;
Custom are the earliest and important source of law. The Custom has been one of the oldest sources of
law. In ancient times, social relations gave rise to several usages, traditions and customs. These were
used to settle and decide disputes among the people. Customs were practiced habitually and violations
of customs were disapproved and punished by the society. Initially social institutions began working
on the basis of several accepted customs. Gradually, the State emerged as the organised political
institution of the people having the responsibility to maintain peace, law and order; naturally, it also
began acting by making and enforcing rules based upon customs and traditions. In fact, most of the
laws had their birth when the State began converting the customs into authoritative and binding rules.
Custom has been indeed a rich source of Law. In primitive society custom was considered as law
because at that time no any dept was present for making of law. There was no state, peoples faced
many problems, by solving their problem they make law, which slowly and gradually emerged a kind
of uniformity in those problems. These were called custom or tradition. The law which are derived
from customs are called customary law. For example; in previous time there was custom of
inheritance of property, which is also included in law that there should be equal division of fathers
property between her children.
5.AGREEMENTS;
Agreement can be defined as “a mutual understanding between two or more legally competent
individual about their rights and duties regarding their past and future performances and consideration
Agreements as source of law
Agreements are also considered as source of law. The law which are made from agreements is called
contract law. A contract is legally enforceable agreement between two or more parties that creates an
obligation to do or not to do particular things.A contract is legally binding agreement between two
parties and enforceable by law.
6.PRINCIPLES;
Principles are fundamental truth serves as foundation for a system of belief or behaviour for a chain of
reasoning. A principle is a concept or value that is guide for behaviour regulation and evaluation.
Principles are also used as source of law there are different laws and their source is also different.
7.RELIGION
Religion is defined as any cultural system of designated behaviours and practices, which connect
human beings to supernatural power.
OR
Religion is set of belief that is held by a group of people.
OR
According to Edward Taylor “religion is belief in spiritual things or supernatural things.”
Religion as source of law;
In early time when people were not so civilized, certain kind of discipline was needed to maintain a
social unity . This was provided by divine law .people believed that disobedience of such laws would
be followed by divine wrath. in this way religious law became the source of law .Religion and
religious codes appeared naturally in every society when human beings began observing, enjoying
and fearing natural forces. These were accepted as superior heavenly forces (Gods and Goddesses)
and worshiped. Religion then started regulating the behaviour of people and began invoking “Godly
sanction”, “fear of hell”, and “possible fruits of heaven”, for enforcing the religious codes. It
compelled the people to accept and obey religious codes. Several religions came forward to formulate
and prescribe definite codes of conduct. The rules of morality also appeared in society. These defined
what was good & what was bad, what was right and what was wrong. The religious and moral codes
of a society provided to the State the necessary material for regulating the actions of the people. The
State converted several moral and religious rules into its laws. Hence Religion and Morality have also
been important sources of Law.For example ; murder in any religion is forbidden because no one have
right of taking others life ,it is sin in religion because it is violation of divine law or religious code it is
also included in law , and it is crime and have a punishment of it .