Understanding the Sources and Classification of Law
The Sources of Law
As we have concluded, the law is a normative order that consists of rules. When we talk about sources of law, the word “source” brings us to the idea of origin. The source of law can be used in several different ways.
Ultimate Foundation of Law
In the first meaning, it refers to the ultimate foundation of law. When we speak of law in general and not of a particular legal system, we are referring to the basis of the ultimate foundation. For example, when we say that God is the ultimate foundation of what is right, or the natural order, or the rational nature of man, or the spirit of the people.
Human Organization
The second meaning refers to any form of human organization, which certainly requires the right to exist and develop. We then note that society is a source of law, as is the state or the international community.
Body of Authority or Person
A third idea refers to the relevant authority or person who creates or produces a right under the rules of its own category. In this way, the legislature is a source of law.
Basis to Give Validity
This refers to the foundation to give validity to a legal rule. So will the political constitution be the basis of validity of the law. In this idea, then, the constitution is a source of law.
Factors
When we talk about sources of law, we are referring to many different factors, such as political, economic, social, scientific, and technical factors. These factors are present in a given society at any given time and influence the production of law.
Sources of Legal Knowledge
The term “source of law” is also used for the purposes of sources of legal knowledge or cognitive sources. These are external manifestations revealing the legal rules or facts, legal meanings, or significance, both current and past, for the state of law at a historical moment. For example, the former codes, the preamble to a bill, etc.
Classification of Sources of Law
Material Sources
Material sources are classified into direct and indirect. Material sources are the most diverse factors, such as social, political, economic, scientific, technical, moral, etc. These factors are present in a given society at any given time and have a significant influence on the creation of legal norms and their contents (e.g., tax reform law). The right always comes from certain acts of production rules or people who are empowered to make such rules. It is possible to trace the origin of a standard beyond the formal act that produced it to discover the factors that influenced the law in question. Direct material sources are the legislative bodies that produce the law, that make the rules. In our country, it is the legislature and the courts, since they issue rulings that are binding. Indirect material sources are the political, economic, historical, social, ethical, religious, and other factors that influence the genesis and content of legal norms. Within the indirect material sources are the general principles of law, philosophical doctrines, the work of lawyers, and scientific and technical progress.
Formal Sources
Formal sources of law are defined as the different processes of creating legal standards and the externalization of these standards. Formal sources refer to the models as they are produced, the way they are made, how they manifest, and the continents where you can locate them once they have been produced. After the different procedures for creating legal norms, there is some authority that is empowered precisely to produce them. In some cases, it is a collective body, such as the National Congress in the case of a law, or a one-person authority, such as the President of the Republic in the case of Supreme Decrees, or a social force and the respective legal community in the case of the usual one, or more subjects of law, as in the case of legal acts and contracts. A formal source of law is a positive manifestation of the legal rules. They are the acts by which the normative content reaches a positive, concrete formulation.
Rating of Sources of Law
- Law
- Legal custom
- Case law
- General principles of law
- Natural Equity
- Corporate acts and events
Some authors indicate a formal source doctrine is also called the science of law. The doctrine is often referred to as a source of law, but not really, because ultimately it is not a method for producing legal rules but a way to publicize and promote the standards of a legal system. It should be noted further that the doctrine is not mandatory for judges or legislators but is often perceived by them. So we could consider it a material source of law but not a formal source like everything else.
Formal Sources of Law are Classified:
A) Heteronomous and autonomous
B) General and specific
C) Formal and non-formalized
D) Mediate and immediate
E) Principal and extra
From the point of view of the body or subject that produces legal norms, they can be heteronomous and autonomous. Heteronomous when the product of the standard is in a position of authority over regulatory subjects, as in the case of law and jurisprudence. Autonomous are those in which the producer of the rule is somehow the same subject that must be met, as with legal practice and legal acts. Tending to the type of rule which would produce formal sources may be general or particular. When they occur, they will be general and abstract rules of a general nature, for example, the law. In particular, it will change when there are unique and specific rules, as the jurisprudence of the courts, or whether it applies to a particular case. Tending to the rules are or are not in a text that expresses are divided into formal and non-formalized. The first or formal sources are formalized in a text and are externalized as law. However, the latter are not expressed in articles, such as custom or general principles of law and equity. From the point of view of binding, they may be immediate or mediate. Immediate are those which have the force itself, as the law. Mediate binding are those whose strength is given by another source mediate formal habit. Finally, taking its relationship with the courts can be primary and principal subsidiaries. The primary are those that must always be applied, for example, the law. Subordinate are those which can be appealed in the absence of a major source or to interpret a primary source, for example, the general spirit of legislation and natural justice.
Formal Sources
Law / Legislation
The word “law” can also be used with different outcomes. By law in a broad sense, one can understand all the legal rules generally observed in the production of one or more organs involved in the state. In this broad sense, the word “law” is tantamount to law and therefore includes the constitution, constitutional organic laws, interpretative laws of the constitution, quorum laws, organic laws of international treaties, law decrees, hierarchy manifestations of regulatory powers, and acts agreed. The law generally refers broadly to all the standards generally observed in the formation of which involved joint legislative and executive power, as in the state constitution and laws in general, excluding the decrees emanating from the executive only manifestations of regulatory powers and actions agreed. By law in the strict sense refers only to the ordinary laws and common law, that is, those for which approval is required by a simple majority in each chamber. In short, the word “law” has three different scopes:
A) Huge: Equivalent legislation
B) Comprehensive: Equivalent to the intervention of the legislative and executive
C) Strict: Ordinary laws referring to a simple majority quorum.
Definition of Law
As to the etymology of the word “law” or its root word, Cicero comes from the Latin verb “legere,” meaning “to read.” This is because the Romans concocted laws in slats so that everyone could know their legislation. For St. Augustine, the word “law” comes from the expression of light, which means choosing, alluding to the mission that the law has to mark the path that we must continue to be elected. For Santo Tomas, the word comes from the term “ligere,” meaning linking, compelling, as it is the law itself that will require the subjects to do something, forcing them to follow a certain direction. As a simple definition, we can say that the law is a rule of conduct imposed by an authority to which we must obey. For our device, the law gives a definition.
Article 1 of the Civil Code defines what the law is and notes that: “The law is a declaration of sovereign will expressed in the form prescribed by the Constitution commands, prohibits, and permits.”
Features of the Law
The law is mandatory
This implies the existence of a superior who commands and a lower who obeys.
Established by the public authority
This distinguishes it from other rules imposed by private authorities, which produce effects to those under his authority. The authority empowered to make law is the legislature.
The law is punishable by force
Meaning it can be coercively enforced.
Established on a permanent basis
The law is established on a permanent basis for an undetermined number of things. The Civil Code states that a declaration of the sovereign will and under the constitution of sovereignty resides essentially in the nation’s civil code states that this statement should be expressed in the manner prescribed by the constitution. This is because it is the political constitution which sets out the requirements and conditions to be met for the law to be considered as such. It prohibits and permits. The civil code refers to the internal requirement to contain the law or conduct that will acquire and do something, prohibits certain conduct, or permits to perform certain acts.
Classification of Law
They can be classified according to different factors, and by its characteristics or characters, there are three kinds of laws.
Declarative or Suppletive Laws
These are those that determine the legal consequences of acts where the parties have not foreseen or otherwise regulated. This type of law replaces the silence of the parties, and this is a consequence of the principle of autonomy, which means that in law, private individuals can do all that is not prohibited or contrary to morality or decency to the rights of others.
Mandatory or Prohibitory Laws
These laws are those that are imposed on the will of individuals, which cannot escape their obligation. These mandatory or prohibitory laws tend to ensure public order and protect people. Family laws are a clear example of mandatory laws. The laws of public order are always mandatory laws instead of private law, which are mostly suppletive.
Operative Laws
This kind of law contains the rules dictated by the legislature to resolve conflicts that interest among people who have not concluded a contract or legal act together. It refers to situations in which the will plays no role.
Classification According to the Subject from Whom it Emanates
Act Broadly
It is when we refer to all legal norms emanating from public agencies (political constitution, the LOC, decrees, regulations, etc.).
Law in the Strict, Narrow Sense or Ordinary
It is when we refer only to the law or the laws that are constitutionally regulated by the legislature. In other words, these are rules developed pursuant to the provision by the legislature (the legislature, the president of the republic, the Congress, and the executive agency because they are correlated).
Classification According to the Normative Content
Act in a Material Sense
It is when it contains a rule that meets the general and permanent features, such as the constitution and ordinary laws.
Act in a Formal Sense
When it comes to rules that are issued for certain specific aspects and individuals that do not meet the characteristics of generality and permanence, for example, a law or decree granting a pension.
Classes or Types of Laws
Constitution
It is the basic legal status of a state. Thus, the fundamental law is the foundation on which to rest all other laws. The constitution is the law for excellence in political and legal content and that is to establish the organization powers to its powers and responsibilities, as well as the same for a system of individual rights to people. The origin of the constitution may be in a person or a group of people owing to circumstances independent of the public. Normally, the fundamental ideological principles are laid down. The constitution, as the fundamental law of all law, takes the stage or grade of any such order and therefore takes precedence over normative levels because it regulates other matters essential to the organization of the state and the rights of people. This means three things:
It occupies the top level
Within the entire legal system, thereby regulating bodies and procedures by which standards must be produced that followed in the hierarchy.
Supremacy
On the crawling rules, which means that no other provision may contradict it, and prudential controls are outstanding at such supremacy.
Regulates core subjects
For the organization of the state and the rights of people, such as nationality, citizenship rights, and individual duties, etc.
Content of the Constitution
Within the text of the constitution, it is common to distinguish between its organic and dogmatic parts. The organic part of the constitution is made up of chapters and rules governing the executive branches of government, legislative and judicial, as well as other public bodies, such as the comptroller general of the republic, public ministry, central bank, etc. In turn, the dogmatic part of the political constitution is one formed by rules and chapters in establishing the constitutional principles which assumes values above the respective constitutional and fundamental rights that are recognized to all persons. For example, the constitution states that the Chilean state is unitary. Then we can say that the constitution establishes the fundamental norm of the state forms and how it will exercise such power. If it is a unitary or federal government, it also establishes the organization and their respective powers. Finally, it also establishes a system of individual rights for all people, such as decisions. The constitution has the power taxpayer who is who introduced a constitution or amending taxpayer may be native to or derived from the original contributor is able to act when there is a constitution is in force or who attends the founding of the state and the establishment of the first constitution. These may occur following the victory of an independent movement or as a result of a coup or a successful revolution. In turn, the taxpayer-derived power is that which the constitution itself provides and in which lies the ability to produce new constitutional amendments or repeal.
Classification of the Constitution
The constitutions are classified according to the established mechanisms for reform and are classified in Petrie (stones) rigid.
Petri Constitutions
Are those that do not provide mechanisms for its reform.
The rigid
On the other hand, are those that do see reform mechanisms. In turn, rigid constitutions are divided into three classes:
Properly so rigid
Are those which provide mechanisms for reform with very high quorum for approval.
RIB
Are those that require approval of a quorum of more than one common law.
Flexible
Are those which provide mechanisms for reform quorum required for approval similar to a common law.
Ordinary Legislation
That part of the law that is constitutionally established by the legislature. The legislature is made up of two parts: the executive branch, represented by the president of the republic, and the national congress, which in our system is bicameral, i.e., there is a Chamber of Deputies and the Senate. The law is a formal source of law through the legislature, which produces abstract legal rules, general and generally valid indefinitely, following the procedures established in the constitution (law governing budget during the year) (a law is finite).
Formative Stages of the Law
In the formation of the law, six stages are distinguished:
– Initiative
It is the first base of the law, is the act by which a bill is submitted for consideration by the court or legislature. The power to initiate legislation, i.e., to present draft legislation, reflects both the congressmen and senators and the president of the republic or have a bill, congressmen and senators, and the president. When the initiative is the president of the republic, it takes the message name. When the initiative lies with deputies or senators, it takes the name of motion. Some laws can only be born at the initiative of the President of the Republic or can only leave as a message, like the budget law, as any law that says the increase in public expenditure. Moreover, the general rule is that the bills can be submitted in any of the two chambers of the national congress. However, there are exceptions, and there are laws that can be traced only in the Senate, as the laws on amnesty or pardon, and others that can only originate in the House of Representatives (budget law).
– Discussion
The set of events that take place within both houses, both committees in each branch of Congress, divides its work and in the plenary hall and whose purpose is to analyze the relevant bill. If a bill was rejected in the house of origin, it may not be renewed submission to any of the branches of Congress but even spent a year. If approved, the project in a camera switches to another camera called a camera reviewer, where it enters the chamber is called the chamber of origin, passes also to the other chamber for discussion. The reviewer may approve the camera as the camera comes home, you can reject it, and may also introduce amendments (must return to the chamber of origin for the approval). The cameras may insist in their views by special quorum.
Approval
It is the act by which each chamber agrees with the bill in question that remains to raise the quorum for the different kinds of law requires the constitution.
Sanction
It is the act whereby the President of the Republic agrees to the project previously approved by both chambers. The penalty to run the president can be expressed, which occurs when the president promulgates the project without further formalities. It may also be implied, as it passes 30 days from the date of receipt of the draft by the president without this it back to Congress. In this case, it means the project is approved and sanctioned by the expiry of that period. As an alternative to sanction, the president has the right for which within a period of 30 days must return to the chamber of origin with the observations that it deems appropriate. The cameras first approve the president’s veto and accept the comments which the project is refined and sent back to him president. But also the cameras may reject the veto and insist on the original draft. The insistence by the two-thirds of both houses is required for the president.
Enactment
It is also an act which shall implement the president and aims to certify the existence of the law gives the binding force and orders will be honored as the law of the republic is expressed legally in a decree issued by the President. This order must be issued within 10 days since the project has been penalized and should be admissible reason making the comptroller general of the republic.
Publication
It is the last stage of the training process of law and is the act by which the entire community informed the content of law must be made by inserting the full text of the law in the official journal of Republic due to being himself within five days following Avilés with everything from the comptroller’s decree has been processed thorium. The publication is the way to make known the law for everyone who goes into effect, i.e., exposing the law to the attention of the inhabitants of the country. In our system of laws published in the official newspaper for all legal purposes, the date of law is the date of publication in the Official Gazette without prejudice to the law may establish different rules on publication and the date on which it came into effect.