34 2: Sources of law Part A Essential elements of the legal system
RulesLegal reasoningStatus of the court
Ratio decidendi only
Similar material factsCASE LAWSources of Law
Common lawLegal reasoningMust be interpreted by
the courts – in line with:
European Convention
on Human rights
Presumptions
Aids
RulesLiteral
Purposive
Contextual
Other (subsidiary) rulesLEGISLATION EU LAWEquityDoctrine of judicial
precedent –
consistency in the law