introduction to primary legal research sources of law, constitutions, legislation and treaties

Introduction to primary Introduction to primary legal researchlegal research

Sources of law, Constitutions, Sources of law, Constitutions, legislation and Treatieslegislation and Treaties

The Emalus Campus Library The Emalus Campus Library Law Resources page – the Law Resources page – the

starting point for all of your starting point for all of your researchresearch

Sources of LawSources of Law

What are sources of law?What are sources of law? ConstitutionsConstitutions Received legislationReceived legislation Legislation passed within each Legislation passed within each

jurisdictionjurisdiction Customary lawCustomary law Case law (see module 4)Case law (see module 4)

Sources of law commentary on Sources of law commentary on PacLIIPacLII

Sources of law commentary on Sources of law commentary on Emalus Library Pacific law Emalus Library Pacific law

collectioncollection

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Legislation - TerminologyLegislation - Terminology

The term “legislation” covers both The term “legislation” covers both statutesstatutes and subsidiary legislation / and subsidiary legislation / delegated legislation / subordinate delegated legislation / subordinate legislationlegislation

““Statute” – an Act of ParliamentStatute” – an Act of Parliament


““Sessional legislation” – Acts passed in a Sessional legislation” – Acts passed in a particular session of Parliament eg. Act No. particular session of Parliament eg. Act No. 3 of 2006 is the third Act passed during 3 of 2006 is the third Act passed during the 2006 session of Parliamentthe 2006 session of Parliament

““Principal Act” – Main Act as passed Principal Act” – Main Act as passed

““Amending Act” – Amends of alters one or Amending Act” – Amends of alters one or more principal Actsmore principal Acts


““Reprinted Act” – an edited version of Reprinted Act” – an edited version of the Principal Act which contains the the Principal Act which contains the original text of the Act as it was original text of the Act as it was when first passed, plus the text of all when first passed, plus the text of all amendments to that Act until the amendments to that Act until the date of the reprintdate of the reprint


““Consolidation” of Acts – Republication Consolidation” of Acts – Republication of of allall principal Acts of a jurisdiction in principal Acts of a jurisdiction in their amended format up until a their amended format up until a specific datespecific date

““Compilation” – Laws that have been Compilation” – Laws that have been arranged by subject but have not arranged by subject but have not been substantially changed / partial been substantially changed / partial consolidationconsolidation


““Subsidiary legislation” “Subordinate Subsidiary legislation” “Subordinate legislation” “Delegated legislation” – legislation” “Delegated legislation” – Made by office holders or bodies Made by office holders or bodies other thanother than Parliament. Can be Parliament. Can be Regulations, Rules, By-laws, OrdersRegulations, Rules, By-laws, Orders

ConstitutionsConstitutions

Hardcopy – First chapter of the Hardcopy – First chapter of the Consolidated Laws of each Pacific Consolidated Laws of each Pacific countrycountry

Online – Via PacLIIOnline – Via PacLII Make sure that you are looking at the Make sure that you are looking at the

current version of the Constitutioncurrent version of the Constitution Fiji Constitution was substantially Fiji Constitution was substantially

amended in 1997.amended in 1997.

Received legislationReceived legislation

EnglandEngland AustraliaAustralia New ZealandNew Zealand

Laws at the date of application (usually Laws at the date of application (usually date of independence) – NOT the current date of independence) – NOT the current laws of England, Australia and New laws of England, Australia and New ZealandZealand

Treaties (International)Treaties (International)

International TreatiesInternational Treaties Texts – SourcebooksTexts – Sourcebooks Pacific Islands Treaty Series (PITS) on Pacific Islands Treaty Series (PITS) on

PacLIIPacLII International organisations ie United International organisations ie United

NationsNations Recommended Internet Links directoryRecommended Internet Links directory

Received legislation - Received legislation - hardcopyhardcopy

England – Pickerings Statutes at Large England – Pickerings Statutes at Large 1761-1830 ; Public General Statutes 1837-1761-1830 ; Public General Statutes 1837-1951 ; Public General Acts and Measures 1951 ; Public General Acts and Measures 1955-19921955-1992

Australia – Commonwealth Acts of Australia – Commonwealth Acts of Parliament 1901-1973 ; Parliament 1901-1973 ;

New Zealand Statutes Reprint 1908-1957 ; New Zealand Statutes Reprint 1908-1957 ; Butterworths New Zealand Annotations Butterworths New Zealand Annotations 1908 - 1977 ; New Zealand Statutes 1967 - 1908 - 1977 ; New Zealand Statutes 1967 -

Legislation via the Emalus Legislation via the Emalus Recommended Internet Links Recommended Internet Links

directorydirectory

Pacific legislationPacific legislation

Hardcopy in Emalus LibraryHardcopy in Emalus Library Consolidations Consolidations Bound volumes of statutes by yearBound volumes of statutes by year Loose statutes (not yet bound) held in Loose statutes (not yet bound) held in

library workroomlibrary workroom Historical collectionsHistorical collections

Pacific law holdings available Pacific law holdings available from the Emalus Campus from the Emalus Campus

Library Law Resources pageLibrary Law Resources page

Emalus Library Pacific Law Emalus Library Pacific Law CollectionCollection

Example: Holdings of Fiji Example: Holdings of Fiji LegislationLegislation

Historical collectionsHistorical collections

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Customary lawCustomary law

Statement relating to the application of Statement relating to the application of customary law in the Constitution of each customary law in the Constitution of each countrycountry Eg Vanuatu s95 (3) of Constitution - Eg Vanuatu s95 (3) of Constitution -

EXISTING LAWEXISTING LAW

(3) Customary law shall continue to have effect (3) Customary law shall continue to have effect as part of the law of the Republic of Vanuatu.as part of the law of the Republic of Vanuatu.

Customary law is not writtenCustomary law is not written

Treaties -TextbooksTreaties -Textbooks

Treaties - International law Treaties - International law sites on Recommended sites on Recommended Internet Links directoryInternet Links directory

Treaties – United Nations Treaties – United Nations Treaty Collections (Username Treaty Collections (Username

and password required)and password required)

For ratification details click on For ratification details click on ‘Status of Multilateral ‘Status of Multilateral

treaties…’treaties…’

Click on chapter no. of relevant Click on chapter no. of relevant topic eg. Human rightstopic eg. Human rights

Click on link for relevant treaty Click on link for relevant treaty for ratification detailsfor ratification details

Example of ratification Example of ratification scheduleschedule

introduction to primary legal research sources of law, constitutions, legislation and treaties

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