What do you mean by sources of law?
The meaning of the word source is origin. Sources of law means the origin of law from which rules of human conduct come into existence. Those things which directly and indirectly play roles in the formation and development of laws are called sources of law. There are various sources of law but there are two major sources of law. They are ;
Direct sources of law
a. Constitution
b. Legislation
c. Precedent
d. Custom
e. Convention
Indirect sources of law
f. Professional opinion
g. Juristic writing
h. Reasons
i. Religion
j. Equity, Justice and Good conscience
What do you mean by direct and indirect sources of law?
Direct sources of law
Direct sources of law are also called primary sources of law. It is binding in nature. People must follow these rules otherwise violations of these laws are subjected to punishment.
a. Constitution: The Constitution is the primary source of law. It is the mother of all laws of the country because other laws derive their validity and legitimacy from the constitution. Article 1 (1) of the constitution states that the constitution is the fundamental law of the land and any law which is inconsistent with the provision of the constitution up to its existence shall be void. It means no law can survive against the Constitution.
b. Legislation: The term legislation is derived from the Latin term “legis” which means law and ”latum” which means to make, put, or set. So Legislation means making or setting of law. Legislation is a written law passed by the legislature and implemented by the court. E.g. Drugs Act 2035, Guthi Corporation Act 2033, etc.
c. Precedent: Precedent is a body of principles developed by the Supreme Court in the process of hearing and deciding a case. It is also called judge-made law. Article 128 (4) of the constitution provides the power of making precedent to the Supreme Court and the principles constituted there must be followed by lower courts.
d. Custom: Custom is the primary source of law and it is the oldest form of making law. Law based on custom is known as customary law. In primitive societies, the lives of human beings are regulated by custom. It is an unwritten law created by human beings.
e. Convention: It is the primary source of law because Article 278 of the constitution of Nepal and Section 8 of the Treaty Act, 2049 has declared treaty law shall be applied as the national law of Nepal. Convention is an agreement between two or more than two countries. Nepal has accepted various conventions like CRC, CEDAW, etc, and so on.
Indirect sources of law
f. Professional opinions: Those people who have in-depth knowledge and experience in their own profession and field can develop an idea to related authority. Legal professionals can give their valuable knowledge to solve the problems seen in the judicial administration. E.g. opinions given by lawyers, judges, doctors, engineers, etc.