City law college Jinnah town Quetta

ASSIGNMENT # 02

TOPIC: Sources of law, legislation and its types, precedents and types.

Submitted By

Naseeb ullah (Student) LL.B. 1st Semester

Class Roll No# 383

Submitted To

Arbab saif ullah khan kasi (advocate)

Marks Sheet
Total Marks Remarks
Marks Obtained
Penalty
Net Marks obtained in figure
Net Marks obtained in words

Table Contents

S# Page #
01 DEFINITION OF SOURCE OF LAW 01
02 SOURCES OF LAW ACCORDING TO JOHN SALMOND 01-2
03 SOURCES OF LAW ACCORDING TO KEETON 02
04 SOURCE OF LAW DEFINITION ACCORDING TO HOLLAND 02
05 LEGISLATION AND ITS TYPES 02-3-4
06 PRECEDENT, IT'S TYPES AND TERM USED IN PRECEDENTS 04
07 CONCLUSION 05

Sources of law:-
Definition of source of law: - Sources of law are the origins of laws, the binding rules that
enable any state to govern its territory.
The term "source of law" may sometimes refer to the sovereign or to the seat of power from
which the law derives its validity.
OR
Definition of source of law:-
Sources of law means the tools and the instruments from where law is originated or law is
formed is called source of law.
Sources of law according to John Salmond:-
John Salmond states that sources from which a rule of law derives its force and validity is
called source of law.
According to John Salmond there are two types of sources of law.
1. Formal source 2. Material source
1. Formal source: - Formal source is the source of law from where law finds its validity.
And it is based on the will of the state.
OR
The sources from which the law derives its source and validity are formal sources of law. These
associates to the shape or system that causes the rules applicable formally. Here, we accept the
rules as valid and binding in the legal system. Example: The manifested will of statutes and
judicial decision. Hence, the formal sources of law include:

2. Material source: - material source is the source of law, it supplies the substance of rule to
formal source, and formal source gives then force and nature.
Material source is further divided into two types.
1. Legal source 2. Historical source
1. Legal source: - Legal source is a source of law which are legally admitted for making and
altering the existing law is called legal source of law.
Legal source is further divided into four main categories.
1. Precedent 2. Legislation 3. Customs 4. Convention
1. Precedent:-
Precedent are those statements of in the decision of the higher court which are considered
binding on the lower courts is called precedent.

https://www.legalbites.in/sources-of-law-2/

https://en.wikipedia.org/wiki/Sources_of_law

https://www.toppr.com/guides/legal-aptitude/jurisprudence/sources-of-law

2. Legislation:-
Legislation is formed by the combination of two words “legis” means (law) and “lation”
means (making), so legislation is the law making process. And the legislation is the source of
law.
3. Customs:-
A custom is a usage which is continuous from long duration, consistently and have
uniformity in it is called custom. The customs of every society as also considered as the
source of law.
4. Convention:-
Conventions are the agreements which are formed between people is also source of law.

2. Historical source:-
Historical source of law is concerned with past words of jurist or past decision of the courts.
The historical source of law is considered non binding source. They become binding only
when law recognize them is called historical source of law.

Sources of law according to ketone:-

Keeton states that the source of law are the materials, which is formed through the activities
of judges is called source of law.
According to ketone there are two types of sources of law.
1. Binding source 2. Non binding source
1. Binding source:-
Keeton states that the John Salmond legal source of law are the binding source of law. The
legal source of law according to John Salmond are (legislation, precedents, and customs).
These are called the binding sources.
2. Non binding source:-
According to ketone non-binding source are morality and equity.

Sources of law definition according to John Holland:-

John Holland states that sources of law means a quarter from where one obtains the
knowledge of law is called source of law.

Legislation:-
Literal meaning of legislation: - Legislation is the combination of two words “legis” (law)
and lation means (making). So, legislation is the law making process.
https://www.legalbites.in/legislation and its types-2/

Advocate saif ullah kasi lectures/legislation/

Definition of legislation:-
Legislation is the organ of the state which is vested or given with the power of law making. It
either makes new laws or amends the existing law.
Types of legislation:-
There are two main types of legislation.
1. Supreme legislation 2. Subordinate legislation
1. Supreme legislation:-
Supreme legislation is that type of legislation in which amendments are not easy. The
supreme legislation in Pakistan is the parliament.
2. Subordinate legislation:-
When supreme legislation delegates some of its powers or all power to the other organs of the
state for shifting their burden is called subordinate legislation.
Types of subordinate legislation:-
There are six types of subordinate legislation.
1. Colonial legislation
2. Municipal legislation
3. Judicial legislation
4. Autonomous legislation
5. Executive legislation
6. Martial legislation

1. Colonial legislation:-
This type of legislation was present at of Britishers they used to give power of rule and law
making to the colonies is called colonial legislation.
2. Municipal legislation:-
When supreme legislation delegates some of its power of rule making to any municipal
authority is known as municipal legislation.
3. Judicial legislation:-
When power of rule making is given to any court is called judicial legislation.
4. Autonomous legislation:-
When supreme legislation delegates some of its power of law making to any autonomous
body is known as autonomous legislation. Such as Pakistan railway. There are making their
own rules for the servants and passengers.
5. Executive legislation:-
When power of law making is given to any executive organ of the state is known as executive
legislation. Such as when rule making power is given to prime minister or president.
https://www.legalbites.in/legislation and its types-2/
Advocate saif ullah kasi lectures/legislation/
6. Martial legislation:-
When supreme legislation delegates some of its power of law and rule making to military is
known as martial legislation.

Precedent:-
The word precedent is taken from a word “precedere” which means come before.
Definition: - Precedent are the statements in the decision of the higher or supreme court
which are considered binding on the lower courts is called precedent.
Kinds of precedents:-
There are two kinds of precedents.
1. Authoritative precedent
2. Declarative precedent
There are two types of precedent: binding precedents and persuasive precedents. As the
names suggest, a binding precedent obliges a court to follow its decision, while a persuasive
precedent can influence or inform a decision but not compel or restrict it.
OR
1. Authoritative precedent:-
Authoritative precedent are those decisions of the higher courts which are considered binding
on the lower courts is called authoritative precedent.
2. Declarative precedent:-
Declarative precedent are those decisions of the higher courts which are considered non
binding on the lower courts. But they take as guideline.

Terms used in precedents.

1. Ratio decidendi
2. Obiter dicta
3. stare decisis
1. Ratio decidendi:-
Ratio decidendi means reason of decision. And it is binding on the lower courts.
2. Obiter dicta:-
The term obiter dicta means just saying and general observation of the judges is called obiter
dicta. It is non binding on the lower courts.
3. Stare decisis:-
Stare decisis means standing on the decision.

https://lawgovpol.com/types-precedent/

https://www.legalbites.in/precedents and its types-2/

Conclusion: - in order to interpret any law, it is important to understand the source of the
law. This is why the topic of sources of law has received much attention from several jurists,
thinkers and legal theorists. The most widely accepted source o flaw is legislation. The
position of customs, the most important source of law in ancient times, has been reduced to a
traditional one in modern times. With the growing popularity of the idea of constitutionalism,
legislations and precedents occupy the center position amongst all the various sources of law.

“The End”