Primary and secondary sources of law.

1. REVISION: WHAT IS LAW?
Law is rules and regulations.
Law is a system, system that made in a society/state to regulate it.
Law is a regulatory order, regulatory system.
Law is rule and regulation to control/ to control human conducts.
Laws are those rules and regulations which are made and applied in a state.
Rules of human conducts to maintain system(peace, order, justice) in a
society/ state.
Justice maintaining of a state is law.
Law means those rules and regulations which are made and implemented
by the “state”

2. STATE: CONSISTS OF THREE
ORGANS
State Legislative
(Parliament-
organ made
by the
people’s
elected
representativ
es)
Makes law
Executive
(government-ruling
administrative organ)
Executes law
Judiciary
(the court system-justice
administration
Defines law

3. REVISION: DEFINING LAW
YOURSELF
Law can de defined by two senses (wider sense and narrow sense)
Narrow sense : Laws are those rules and regulations which are made and
applied by the state. Only state recognized rules are laws.
Wider sense: All those rules and regulations which directly or indirectly
affect human beings are laws. Laws are not only those rules and regulations
which are made by a state but all those rules which are related to conduct
human life, together with state rules other extra state rules are also law. i.e.
rule of nature, religion, morality and societal rules are also should be taken
as law.

4. LOOK AT THE IMAGES AND GUESS
THE SOURCES OF LAW
Source one: Legislation; an act of making or promulgating the law by the
body (Legislature: composed of members elected and nominated by the
people amongst themselves or by the head of the state to represent the
voices and spirit of the people) or supreme authority or the forum to
exercise law making power of the state.

5. LOOK AT THE IMAGES AND GUESS
THE SOURCES OF LAW
Source two: Precedent

6. ने.का.प २०५५ ननर्णय नं. ६६२४ को स्थापपत नजिर अनुसार,
सरकारद्वारा गररने कायण कानून बमोजिम भए गरेको माननन्छ
तर सरकारद्वारा गररने कायण पववेक र कानून तथा उपयुक्त
मापदण्डको ससमा सभत्र रहेको हुनु पछण । प्रस्तुत पववादमा
गररएको ननर्णय हचुवा मनोमानी र रािनैनतक उद्देश्य पूनतणको
लागग मात्र गररएको हो भनी सावणिननक पववादको घेरासभत्र
परेको देखिनु दुभाणग्यपूर्ण रहेको छ भनन प्रष्ट छ ।
A decision made by the court: a judicial decision, case law or
judge made law; a formal and authoritative law; applicable
to other similar cases

7. LOOK AT THE IMAGES AND GUESS THE
SOURCES OF LAW
Customs: behaviors or usage practiced for a long time. People
friendly, appropriate and continuous practices; can be
references to the law

8. SOURCES OF LAW Bishow Raj Joshi
Advocate

9. INTRODUCTION
Sources = origin of something
Sources of law = origin of law
Guess some common sources of law or from where it emerges.

10. SOURCES OF LAW
Sources are origin points, creator. It is a giver.
From where a rule of law comes in existence that is source of law.
Source of law may be an institution, a person, any circumstance, a cause, an
event, legal, historical and religious documents etc.
For which the state mechanism relay to make, to amend or to repel a law that
is a source of law.

11. Primary and secondary sources of law:-
Primary sources are those, to which the state relay first. legislation, treaty,
precedent, custom, and convention are the primary sources of law.
Secondary sources are those, to which state depend only after if primary sources
are not enough., principle of equity and good conscience, expert opinion, research
writings and religious and historical documents are secondary sources of law.

12. PRIMARY SOURCES OF LAW
Legislation: Simply legislation means the law made by the legislative. Parliament is
the authentic state organ to make law. There is a process of law making. First on
the need of a law, a draft is prepared, then it goes to the concerned parliament
committee, it prepares a draft Bill of a law, this bill is submitted before the full
house of the respective parliament, by majority voting, the parliament passes the
bill, the speaker of the house puts their seal, then it is submitted to the president.
The president puts their seal and it becomes an Act (law). In narrow sense the draft
bill is called legislation but in wider sense the whole law making process is known
as the legislation.

13. Treaty : Treaty is an agreement made between the two or more than two countries.
A treaty is made and signed on behalf of a country, that’s why it carries state
authority. A party country has an obligation to follow the treaty, the party country
cannot go against the treaty provisions so treaty becomes the primary source of law
of a country.
Precedent : Precedent is a new principle laid down by the supreme court in a new
case. Only the supreme court decision can make precedent but all decisions of the
supreme court are not known as precedent. New principle in new issue which
removes the flaw, drawback, lacunas, uncertainty and ambiguity of any law or the
legal/ state action. Precedent defines law and creates certainty to give the correct
way out that’s why it is known as the primary source of law.
Custom :- Traditions, followings and practices of a particular society based
on any norms and values from a long time period of that society. Customs
are rooted in human society, they make people happy and satisfy in
practicing that’s why customs are taken as sources of law. Not all, only the
valid and humanitarian customs are taken as source. If a custom
contradicts with any existing state law, that custom can’t stand.

14. SECONDARY SOURCES OF LAW
Historical and religious documents: each law of every country has its
roots in the religion which dominantly following in that country.
History also guides the present. A lot we can learn from the history.
Expert’s opinion / research writing : person or person’s creation
which may give way out / direction or solution in law making process.
Principle of equity and good conscience : To give real/appropriate
justice, there should some rooms to use discretionary power based
on wisdom.

15. ASSIGNMENT
Find out any some other sources of law.

16. TOMORROW: TYPES OF LAW