SOURCES OF LAW

Unit 1
LEGAL SOURCES: Authorities
for existing rules of law.
LITERARY SOURCES: The
written records of legal rules

LEGAL SORCES

1.
2.
3.
4.
5.

These are authorities for existing

rules of law:
Constitution
Case Law/Common Law & Judicial
Precedent
Legislation/Statutes
Equity
Custom

LITERARY SOURCES

1.
2.
3.
4.
5.

These are the written records of

legal rules:
Law Reports
Books
Historical sources
English Legal history
Legal Treaties

CONSTITUTION
Written Constitution most important legal source.
Constitutional Supremacy- Parent Law: Collymore
v AG (1967) 12 WIR 5, Boyce and Joseph v R
(2004) 64 WIR 37
Function: Judicial Review
Define and protects basic Human Rights
Creation of State Institutions
Granting
of authority to make laws
Independent body of
law which regulates
Lays down mandatory procedures for government

CONSTITUTION
Lays down mandatory procedure for
government Judicial Review
Maharaj v AG of Trinidad and Tobago
[1978] 2 All ER 670.

COMMON LAW/CASE LAW

Legal principles derived from cases.
Common Law in U.K
Doctrine of Judicial Precedent

LEGISLATION
The Will of Parliament
Usually initiated by government
Function
RCCIPR(Mnemonics)
Revision
Consolidation of enactments
Codification
Implementation of treaties
Public Policy
Response to Pressure Groups

LEGISLATION
Acts of Parliament/Statutes
Measured
against Constitution
Subsidiary/Delegated Legislation
Created by statutory bodies who
Parliament has delegated legislative
powers Bylaws & Regulations or Orders
Autonomic Legislation
Independent
powers to legislate for
members eg.
Jamaica Bar Association.

EQUITY
Body of rules developed in parallel
with the common law
Fairness, justice
History
Correct rigidity of common law
Court of Chancery

EQUITY
MAXIMS OF EQUITY Nature of Equity
Equity does not suffer wrong without a
remedy.
Equity does not assist a volunteer.
He who comes to equity must come with
clean hands.
Equity looks to the intent and not to the
form.
Equity acts in personam rather than in rem.

EQUITY
He who seeks equity must do equity.
Used primarily in property law and
contract, Examples:
Mareva Injunctions
Anton Pillar Search Orders

EQUITY
Relationship between equity and the
Common Law:
Presupposes the existence of the
common law
1873-1875 Judicature Act abolishes
conflict.
Rules of equity prevail in conflict.