Sources of Law - 2 - Humanities Legal Studies Free MCQ Test with solutions

Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character.

In ancient societies, custom was considered as one of the most important sources of law; in fact it was considered as the real source of law.

In most developed legal systems, the judiciary is considered an important organ of the State.

According to Section 212 of the Government of India Act, 1919, the law laid down by Federal Court and any judgment of the Privy Council was binding on all courts of British India. However, post-independence, the Supreme Court became the supreme judicial authority and the decisions of the Privy Council are no longer binding on any court in India.

They must not be opposed or contrary to legislation. In any modern state, when a new legislation is enacted, it is generally preferred to customs. Therefore, customs must not be opposed or contrary to legislation.

The judicial precedents are important sources of law in modern society and judges do play a significant role in law-making. The new rights created by the courts are not in any sense lesser than the laws enacted by the legislative bodies.

Delegated legislation is a class of subordinate legislation. The legislature delegates some of its law-making powers to executive organs, which are also termed delegated legislation.

When a group of individuals recognized or incorporated under the law as an autonomous body is conferred with the power to make rules and regulations, the laws made by such body fall under autonomous law.

The term ‘legislation’ is derived from the Latin word legis, which means ‘law,’ and latum, which means ‘to make’ or ‘set’.

Customs must be enjoyed openly and with the knowledge of the community to be recognized as valid sources of law.