Where Does Law Come From?

Where does law come from? Law has been defined in many ways by various leaders and thinkers but there is no universal definition. There are numerous sources and the English legal system adopts the rules derived from these various sources to form the English law. Sources of law include common law and equity, legislation, and international conventions such as the European Convention of Human Rights (ECHR). It must be noted that customs or constitutional conventions are not law. It is a common misconception that customs or conventions are law. The judiciary have repeatedly held that conventions are not law and thus are not binding. The case of Attorney General v Jonathan Cape Ltd aptly demonstrated this point as the court held that the convention of Parliamentary confidentiality is only a convention and does not carry any legal weight. Nevertheless, it is essential to understand what, and how, are sources of law created and what possible dangers may arise from these sources.

Common Law

Common law first came about during the reign of William the Conqueror who created a common set of laws which was binding on all in the land. In the 15th century, the Chancellor was given the responsibility of deciding cases and he subsequently created his own court, the Court of Chancery which decided cases based on equity. As a result of the Judicature Act 1873, common law and equity were merged into the same courts to ensure that one enhances, instead of opposing, the other. Consequently, the only distinction between common law and equity is the remedies available to litigants. Today, common law is regarded as case laws which are decisions made by judges in cases.

Common law is operated on two concepts of equal importance, namely the do...

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...e Human Rights Act 1998 Third Edition, 2006

Articles

T.H.Bingham ,’The European Convention on Human Rights: Time to Incorporate’ (1993) L.Q.R. 390

Table of cases

A-G v Jonathan Cape Ltd [1976] QB 752

Fitzpatrick v Sterling Housing Association Ltd [1999] 4 All ER 705

Miliangos v George Frank (Textiles) Ltd [1975] 3 WLR 758

R v Goldstein, R v Rimmington [2005] UKHL 63

R v R [1991] 4All ER 481

Royal College of Nursing v Department of Health and Social Security [1981] 2 WLR 279,CA

Table of statutes and other instruments

Statutes:

Abortion Act 1967 c87

European Communities Act c68

Human Rights Act 1998 c42

Interpretation Act 1978 c30

Judicature Act 1873 c66

Legislative and Regulatory Reform Act 2006 c51

Parliament Act 1949 c103

Public Interest Disclosure Act 1998 c23

European Legislation:

European Convention of Human Rights (1951)