ABSTRACT
In any legal system there must be some accepted criteria by which ‘laws’ are established. To put the matter another way, there must be clear sources of law. In the normal municipal system one might begin by studying the written constitution of the state. In most developed states2 it is usually possible to identify the legislative, executive and judicial branches and, having done so, one can then ascertain the precise sources of municipal law.3 In the United Kingdom, one might refer to primary legislation enacted in the form of bills passing through Parliament and followed by the Royal Assent. Reference might also be made to those clear statements of legal principle that can be deduced from the decided cases in the appellate courts and which the doctrine of precedent requires to be followed by the lower courts.4 Since 1973, any lawyer in the United Kingdom will also be required to consider the relevance of any European primary or secondary legislation or, indeed, any material rulings of the European Court of Justice.5 In short, there are clear sources of law and in many cases a lawyer will be able to advise confidently, on the basis of such materials, as to the conclusion that a municipal judge is likely to reach in a particular case. Indeed, in many states today there will be a written constitution that sets out such matters in considerable detail.
