1
Primary Sources
Primary sources consist of the law itself. There are two basic types - statute
law and common law.
Statute Law
Introduction
Statute law possesses four components:
(1)
Statutes. Statutes are made directly by a legislature.
(2)
Delegated Legislation. Delegated legislation consists of law made by
some person or body pursuant to powers conferred by a statute.
(3)
Executive Instruments. These are instruments that have
made by some
person or body pursuant to powers conferred by the statute.
(4)
Judicial Decisions. These are judicial decisions that interpret statutes,
delegated legislation and executive instruments.
Statutes
Statutes are also known as Acts, or Acts of parliament, and the two terms,
statute and Act, are now synonymous. It is common practice to spell Act with
a capital "A," although there is a trend to use just a lower case "a”. Enactment
is another term for Act or statute. It is less frequently used than the other two
and it can also include delegated legislation. A fourth term, legislation, is a
generic word also covering both statutes and delegated legislation.
Statute law is the major and superior type of law in that it can override
common law.
7
In fact common law is now increasingly displaced by statute
law.
8
Statute law is also wide ranging because, within constitutional limits, a
legislature can make any statute that it likes.
9
Thus statute law is a means of
spontaneous intervention by the state in
the citizen’s life,
10
and for economic
activities is a complement to, a substitute for, or a stricture on, the operation
of the market.
11
Given that statute law is such a powerful weapon there is
scrutiny on its making and operation to detect deficiencies,
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and pressure that
7
Once made, statutes are gathered into statute books – see Finemore (1988).
Statutes may also be inconsistent – see Burrows (1976A). For a general account of
statute law see Bennion (1983) and Schwartz (1978).
8
Beaten (1997), Milsom (1980-82)
9
On the impact of statute law see Evershed (1956).
10
For a general account see Kamenka and Tay (1980). Since the civil service
has a major input into policy making for statute, it exercises considerable power
in this regard – see Wishart (1993).
11
See generally Ruabon (1989), Sunstein (1993), Sunstein (1990), Stewart (1982-
83), Schott (1990), Samuelson (1964), Salter (1982), Roach and Trebilcock (1996),
Rogers (1988), Groom (1990), Kamesar (1997).
12
Statute Law Society (1979)
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