Sources of Law

What this unit covers

The page lists resources on where law comes from. Most are mind maps, with flashcard decks, quizzes and notes alongside. Together they cover the main sources: legislation, case law, delegated legislation, custom, equity and European law.

Where to start

Begin with the big picture. The mind map Malaysia Sources of Law splits sources into written, unwritten and Muslim law, and shows how federal and state constitutions, Acts, ordinances and enactments fit. For England, try Common Law (1), which sets out written and unwritten sources and describes common law as judge-made law developed in England by the Normans.

Then go deeper

• Legislation: the mind map Sources of Law: Legislation follows the pre-legislative stage, including the Green Paper. A flashcard deck then runs through the White Paper, the readings, committee and report stages, Royal Assent and commencement.
• Delegated legislation: the Delegated legislation mind map explains why it is needed, noting that it saves Parliament's time. Enabling Acts and orders appear in the flashcards.
• Judicial precedent: a flashcard deck defines stare decisis, ratio decidendi, obiter dicta, and binding and persuasive precedent.
• Judicial creativity: the Judicial Creativity mind map compares precedent with statutory interpretation, and is useful for essay questions on how far judges make law.

Using maps and quizzes together

Read a map first, then take a quiz on the same topic, such as Delegated Legislation. Note the points you missed and go back to the matching map or deck. Flashcards suit short bursts, for example learning the terms of precedent before an essay.

Where it sits

This unit belongs to the strand Sources of Law and Law-Making, within Law (general and introduction). Pick one topic today, then try making your own map or flashcards from what you find.