WHAT IS LAW?
SOURCES OF LAW
The law of
Pakistan is the law and legal system existing in the Islamic Republic of
Pakistan. Law is based upon the legal system of British India; thus ultimately
on the common law of England and Wales. Upon the list of the Dominion of
Pakistan in 1947 the laws of the erstwhile British Raj remained in force. At no
point in Pakistan’s legal history was there an intention to begin the statue
book afresh. During the reign of General Muhammad Zia-ul-Haq, elements of
Islamic Sharia law was incorporated into Pakistani law, leading to the
institution of a Federal (FSC). In some Federally and Provincially Administered
Tribal Areas (FATA), a system of law employing traditional methods persists at
the local level. At this informal level, disputes are settled by a Jirga, a
council of tribal elders.
Definition of law
“The system
of rules which a particular country or community recognizes as regulating the
actions of its members and which it may enforce by the imposition of penalties”
Sources of law
“sources of
law means the origins of law, i.e. the binding rules governing human conduct.
Such sources may be international, national, regional, or religious. The term “sources
of law” also refers to the sovereign or the state from which the law derives
its force or validity”
5 main sources of law are:
All over the world
1. Federal & state constitution
2. English Common Law
3. Statutes
4. Court decisions
5. Administrative Law
IN ISLAMIC COUNTRIES
Holy Quran
Sunnah
Hades
Ijma
1. Federal & state constitutions
A country’s document
which spells out the principles by which the government operates.
The U.S Constitution has
3 main parts:
*The Preamble
*The Articles
*amendments
2. English Common Law
* Developed by Kings to centralize English government and used
1189.
* Judges traveled the country judging decisions based on local customs
* Judges shared decisions with other judges to make rulings “in common”
with each other
* Used in all states except Louisiana
3.Precedents
Doctrine stating that a judge is required to follow an earlier court decision when deciding a case with
similar.
4. Statutes
Statute laws specifically passed by a
governing body
· Can order people to do something
· Ex: Pay taxes
· Can prevent people from doing
something
Ex: Discrimination
· Federal Statutes
Laws passed by the U.S
Congress
· State Statute
Laws pass by the state
government
· Remember:
The Supreme Court can
declare any statute that violates the Constitution as Unconstitutional
· Unconstitutional:
Invalid against the
Constitution
5. Court Decisions
Court Law is sometimes
called case law.
Courts make laws in 3
ways:
· Common law tradition
· By interpreting statutes (laws)
· By judicial review
A judge cannot interpret
a statue unless that statue is involved in a dispute between 2 parties in a law
suit before them
The Supreme Court has final authority regarding the constitutionality of all laws
6.6. Administrative Law
Power is given by the Legislative Branch to an administrative agency with
knowledge over certain fields of business or departments
Also called Regulatory agencies
· Ex FCC(Federal Communication
Commission)
· Ex FBI(Fed, Bureau of Investigations