does not matter that the delegated legislation is a rule, a regulation a by-law etc.
What counts is that it legally requires an applicant to use Form X.
Executive Instruments
A statute or delegated legislation may authorise some body or official to make
an executive instrument. This is an instrument that typically performs a one off
task.
For example, many appointments to statutory offices are made by
executive instrument. An executive instrument made under a statute or
delegated legislation is part of the statute or delegated legislation, and therefore
part of a primary source of law.
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Judicial Decisions
Statute law includes judicial decisions that have interpreted statutes, delegated
legislation or executive instruments. But since these decisions are judicial
creations they can also be conceived as part of common law. They therefore
have a dual identity.
Common Law
Introduction
Common law is the older source of law. Common law originated in England,
although there is also a Scottish common law.
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In pure form, common law
consists of rules made by judges in deciding a case. For this reason common
law is also called judge made law or case law. There is a hybrid form of
common law called statutory common law, which consists of common law
made under statutory authority. Moreover, the label common law can also be
applied to judicial interpretation of statutes (although this can also be
characterised as statute law).
In early times common law was the major source of law, as indicated by the
fact that basic areas of law –
constitutional law, contract, tort, crime and
property –
are common law creations. However, in varying degrees in the
many jurisdictions where common law operates, the common law rules have
now been displaced or modified by statutory provisions.
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Common Law Rules
Nature
As a source of law, common law dates back to the centralisation of judicial
administration that took place in England under King Henry II (1154-1189).
Before common law came into being, English law included a few statutes on
22
R v Walker [1875] LR 10 QB 355
23
Jamieson (1980)
24
Holmes (1881), Beaten (1997), Milsom (1980-82). According to Calabresi
(1982) this raises doubts about its future because we are in the age of statutes.
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