34 2: Sources of law Part A Essential elements of the legal system
Rules
Legal reasoning
Status of the court
Ratio decidendi only
Similar material facts
CASE LAW
Sources of Law
Common law
Legal reasoning
Must be interpreted by
the courts – in line with:
European Convention
on Human rights
Presumptions
Aids
Rules
Literal
Purposive
Contextual
Other (subsidiary) rules
LEGISLATION EU LAW
Equity
Doctrine of judicial
precedent –
consistency in the law