![CONSTITUTION
• Lays down mandatory procedure for
government – Judicial Review
• Maharaj v AG of Trinidad and Tobago [1978] 2
All ER 670.](https://image.slidesharecdn.com/lect-230426140152-45f3b896/85/Lect-_3-4_Sources_of_Law-ppt-5-320.jpg)
Lect._3.4_Sources_of_Law.ppt
- 1. SOURCES OF LAW Unit 1 LEGAL SOURCES: Authorities for existing rules of law. LITERARY SOURCES: The written records of legal rules
- 2. LEGAL SOURCES These are authorities for existing rules of law: 1. Constitution 2. Case Law/Common Law & Judicial Precedent 3. Legislation/Statutes 4. Equity 5. Custom
- 3. LITERARY SOURCES These are the written records of legal rules: 1. Law Reports 2. Books 3. Historical sources 4. English Legal history 5. Legal Treaties
- 4. 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
- 5. CONSTITUTION • Lays down mandatory procedure for government – Judicial Review • Maharaj v AG of Trinidad and Tobago [1978] 2 All ER 670.
- 6. COMMON LAW/CASE LAW • Legal principles derived from cases. • Common Law in U.K • Doctrine of Judicial Precedent
- 7. 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
- 8. 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.
- 9. EQUITY • Body of rules developed in parallel with the common law • Fairness, justice • History Correct rigidity of common law Court of Chancery
- 10. 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.
- 11. EQUITY • He who seeks equity must do equity. • Used primarily in property law and contract, Examples: – Mareva Injunctions – Anton Pillar Search Orders
- 12. 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.