ABSTRACT
Both custom and convention may be sources of law. These are legally distinct concepts but they share certain important characteristics. They both arise out of the social mores and practices of a people. Similarly, they both depend on an additional process before they can be appropriately viewed as legal sources. This missing link is the judicial process. The courts must declare customs and conventions as law and not mere social practice. As such, custom and convention cannot be considered as entirely independent sources of law.
