Sources of Law (Essay Sample)

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Sources of Law
The constitution is a fundamental origin of law. It is defined as a body of essential guidelines and principle by which a specific nation or a society has proposed governing itself. It is the crucial regulation that establishes the primary structure of the identified government, and authorizes the administrative system. Furthermore, the majority of the constitution is always written, while others are unwritten. It implies that the laws exist in a written document, including the UK constitution. Again, laws can be a Republican and Monarchical, such as the UK constitution (Leyland 117). Interestingly, the personal powers of the Queen are defined in the document. However, her influences are bound. Moreover, it can be further categorized as a republican who provides the role of the president, such as the US Constitution. It implies that the president becomes the leader of the state and the champion of the government. Other categories of the law include unitary and federal constitution, parliamentary and presidential constitution among others. The British constitution is a key example of a monarchical law. It is because the queen is expected to execute the bill to the parliament to become a law. It means that the parliament uses the power vested by the Queen to enact laws that no other person can challenge.
The Common-Law is another crucial origin of law that the majority of the states uses. It is the category of the rules and guidelines of England that was established by the ancient common law courts. The courts have developed it from the people’s custom and their usage. It is further referred as the English customary laws and has numerous fundamental characteristics. The major feature of the Common Law is it incorporates a writ system. It means it possesses a permit to allow one to assume the matter to the court that offers justice. Additionally, royal offices provided the writ system to the public to maintain lawfulness. Another important feature of the common-law is its doctrine of ‘stare decisis’ (Holmes 347). The doctrine emphasizes that preceding decisions apply in the consecutive cases of similar nature. The main challenges of the common law include its rigidity, and procedural technicalities. The practice of the decision stands renders the legal system rigid and thus insensitive to change. Moreover, verdicts made by the judges perpetuated incorrect decisions. The UK common law is a compelling example. That is established by the UK courts and arbitrators through the existing cases.
Islamic law is another decisive source of law. The laws are established from the Muslim religious book the Quran. Additionally, the laws are passed from the instructions and teachings of the Prophet Mohammed that hadith incorporates them (MacEoin and Green 128). Again, it is the subsidiary origin of law among many nations, but significant in Islamic states,...