Professional Documents
Culture Documents
Worksheet 1 - Overview of Sources of Law
Worksheet 1 - Overview of Sources of Law
A. THE CONSTITUTION
This is a special type of legislation. Why is this so? We take this point up in
Worksheet II which deals with The Constitution of Jamaica.
The Constitution is the law that establishes Parliament and gives Parliament the
power to make laws. In this regard the Constitution is a kind of parent source of
law.
The Constitution is also the source of law in relation to rules concerning
citizenship, the structure and powers of government, and fundamental rights and
freedoms. Note that the new Charter of Rights (Act no.12 of 2011) containing
fundamental rights and freedoms has replaced the old Chapter III of the
Constitution. You may access a copy of the new Charter on the Houses of
Parliament website at
http://www.japarliament.gov.jm/index.php?
option=com_content&view=article&id=334&Itemid=45
B. LEGISLATION
This refers to rules made by the Legislature (Parliament). These rules are
contained in statutes. Legislation may change or amend existing laws or it may
enact new laws. Parliament, through legislation, may also change rules (law)
which have come about via case law (see below).