Project

Modern Sources of Law: South Asian Perspective

Goal: An understanding on the sources of law is crucial for the origin from which rules of human conduct come into existence. The significance of sources of law is the authority which dictates human behavior. The term “sources” connote those agencies by which rules of conduct acquire the character of law by becoming objectively definite, uniform, and, above all, compulsory. There are two kinds of sources of law, i.e. traditional source and modern source. Historically, in commonwealth countries, including South Asian countries, laws flow from traditional sources e.g. customs, legislations, equity, justice and good conscience and judicial decisions and arbitral awards. However, the immergence of UN and other international organizations greatly influenced the traditional legal sources and some new sources of law came into view e.g. multilateral treaties, bilateral treaties, unilateral declarations and soft laws. These new sources are called modern sources of law. These modern sources of law become integral part to enact new legislation in some cases. Particularly most of the South Asian countries have constitutional arrangement to ratify multilateral or bilateral treaties through their respective parliament. In that case international treaty, declaration, soft law etc emerges as modern sources of law. This paper is an attempt to evaluate these modern sources of law in these South Asian countries. It is evident that the South Asian countries are gradually adopting the modern sources of law in the municipal law making process to confirm their allegiance to the international law. Moreover, Judiciary in these countries has also been playing an active role to pave the way for enacting national laws spring from the modern sources through broad interpretation.

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RaisuL Islam Sourav
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An understanding on the sources of law is crucial for the origin from which rules of human conduct come into existence. The significance of sources of law is the authority which dictates human behavior. The term “sources” connote those agencies by which rules of conduct acquire the character of law by becoming objectively definite, uniform, and, above all, compulsory. There are two kinds of sources of law, i.e. traditional source and modern source. Historically, in commonwealth countries, including South Asian countries, laws flow from traditional sources e.g. customs, legislations, equity, justice and good conscience and judicial decisions and arbitral awards. However, the immergence of UN and other international organizations greatly influenced the traditional legal sources and some new sources of law came into view e.g. multilateral treaties, bilateral treaties, unilateral declarations and soft laws. These new sources are called modern sources of law. These modern sources of law become integral part to enact new legislation in some cases. Particularly most of the South Asian countries have constitutional arrangement to ratify multilateral or bilateral treaties through their respective parliament. In that case international treaty, declaration, soft law etc emerges as modern sources of law. This paper is an attempt to evaluate these modern sources of law in these South Asian countries. It is evident that the South Asian countries are gradually adopting the modern sources of law in the municipal law making process to confirm their allegiance to the international law. Moreover, Judiciary in these countries has also been playing an active role to pave the way for enacting national laws spring from the modern sources through broad interpretation.