The making of legal rules:

Sources of written legal rules

 Lecture Days Sect. Weekly topics
Lecture 1: Thu, 29 01 Introduction to the course & administrative
Introduction to Sept matters;
the course and Fri, 30 02 How is law perceived by others?
introduction to Sept
Law and economics;
law
The language of law: legal terminology

Lecture 2: Thu, 6 01 Legal rules as opposed to non-legal rules;

Legal and non- Oct Law and rules;
legal rules Fri, 7 Oct 02 Examples of rules in everyday life;
Main features of legal rules;
what do the signposts tell us?
Non legal rules; Differences between legal
and non-legal rules;
Why is it important to know the difference
between legal and non-legal rules?
Part 1: Law and rules; Examples of rules in
everyday life

Part 2: Main features of legal rules; what do the

signposts tell us?

Part 3: Who decides what the law will be?

Who has the power or permission to make
legal rules?
Where does the power/authority to make legal
rules come from i.e. What are the sources of
legal rules?
Where does the power/authority to make legal rules come
from i.e. What are the sources of legal rules?

Signposts reveal that there are 2 main sources of

power/authority for legal rules:

1) the name of an office (i.e. institution, authority, body,

organization) and/or

2) the name of a legal document (i.e. legal instrument)

where the legal rule is contained
Part 1: Identifying the nature (i.e. the type/kind)
of legal documents that are mentioned
on the signposts

Part 2: Statutes and the Constitution as types of

legal documents/legal instruments in the
US
Identifying
the nature of legal documents
that are mentioned on signposts
The screenshot above reveals:

1) the name of the office (i.e. institution, authority, body,

organization)

2) the name of the legal document (i.e. legal instrument) where

the legal rule on smoking is contained
1) The name of the institution/authority:

Parlamento Italiano: The Italian Parliament

2) The name/type/nature of the legal document/instrument:
Legge (Law)

 Title of the legal document/instrument:

"Disposizioni ordinamentali in materia di pubblica amministrazione"

(Legislative Provisions on Public Administration)

 The legal document was published in

“Gazzetta Ufficiale” (Official Gazette)
https://www.gazzettaufficiale.it/eli/id/2003/01/20/002G0320/sg
 Ontario, CANADA

“Act”

“repealed”

“Regulations”
“It is prohibited/forbidden
to smoke under
(according / pursuant to/
in accordance with) Law
No. 4207”
https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4207.pdf
https://www.tobaccocontrollaws.org/files/live/Turkey/Turkey%20-%20Law%20No.%204207.pdf
: “…pursuant to Section 13-21-119 of the Colorado
Revised Statutes” i.e. the legal document/instrument
giving that power is the ‘Colorado Revised Statutes’
The general assembly recognizes that persons who participate in equine activities
or llama activities may incur injuries as a result of the risks involved in such
activities. The general assembly also finds that the state and its citizens derive
numerous economic and personal benefits from such activities. It is, therefore, the
intent of the general assembly to encourage equine activities and llama activities
by limiting the civil liability of those involved in such activities. (2) As used in this
section, unless the context otherwise requires: (a) “Engages in a llama activity”
means riding, training, assisting in medical treatment of, ...
Colorado General
Assembly is the legal
authority, legal body
 What is a ‘Statute’ in the US

Statutes are laws enacted by legislatures, such as the US Congress.

Statutes are typically the place to begin research of primary legal

sources.

Subject only to constitutional control (“hierarchy of laws/hierarchy

of norms”), they authorize promulgation of administrative regulations
and can overturn or modify court decisions that themselves are
sometimes concerned with statutory interpretation.

In the US, both the federal government and individual states have
the power to pass statutes or laws. Some laws are handled
exclusively by the federal government or Congress, while others are
handled exclusively by the states. Still other laws are the subject of
both state and federal governance

Source: https://guides.library.harvard.edu/statutes
 The name of the authority, institution, body

The name/title of the

legal document / legal instrument
This institution is created by another
legal document/legal instrument
called the “Constitution”

The creation / making of legal rules!

Source: https://www.govtrack.us/what-is-the-law
https://legisource.net/wp-content/uploads/2018/01/1876-Colorado-Constitution.pdf
Colo. Const. Preamble

We, the people of Colorado, with profound reverence for the

Supreme Ruler of the Universe, in order to form a more
independent and perfect government; establish justice;
insure tranquillity; provide for the common defense;
promote the general welfare and secure the blessings of
liberty to ourselves and our posterity, do ordain and
establish this constitution for the "State of Colorado".
Section 1. VESTMENT OF POLITICAL POWER
All political power is vested in and derived from the people;
all government, of right, originates from the people, is founded
upon their will only, and is instituted solely for the good of the
whole.

Section 2. PEOPLE MAY ALTER OR ABOLISH FORM OF GOVERNMENT

– PROVISO*
The people of this state have the sole and exclusive right of
governing themselves, as a free, sovereign and independent state;
and to alter and abolish their constitution and form of government
whenever they may deem it necessary to their safety and
happiness, provided, such change be not repugnant* to the
constitution of the United States.

Instructor’s notes:
Proviso: a condition or qualification attached to an agreement or statement (şart, koşul)
Repugnant: in conflict or incompatible with

Hierarchy of laws
 The US Constitution
Source of Law:
The Constitution of the United States
This Law is Called:
Constitutional law. (ERROR: explained in the Companion Notes-3)

What is it?
The Constitution is the founding document of the country and is the highest
legal authority. Ratified in 1788, and in operation since 1789, it sets the
fundamental structure and limitations of the government of the Untited States
of America.
The Constitution created the federal (or “national”) government which has
three parts: the Congress (the legislative branch), the President & federal
agencies (the executive branch), and the federal courts (the judicial branch).
The Constitution gave different but overlapping powers to the branches so that
no branch has the highest authority but all branches are involved in the
creation of law.

Source: https://www.govtrack.us/what-is-the-law
https://constitutioncenter.org/media/files/constitution.pdf
32
https://www.archives.gov/founding-docs/constitution/what-does-it-say; it is a
33
good idea to read the short summary for each Article as listed above
 The first 10 amendments to the Constitution
(which consists of 7 Articles) were ratified
December 15, 1791, and form what is known
as the “Bill of Rights.”

 Subsequent Amendments are from

Amendment 11 (in 1795) – Amendment 27 (in
1992)

34
 2nd Amendment:

“A well regulated Militia, being necessary to the

security of a free State, the right of the people to
keep and bear Arms, shall not be infringed.”

Instructor’s comment:
It is a constitutional right to carry arms in the US

35
https://people.howstuffworks.com/second-amendment.htm
 A constitution is the highest in the hierarchy
of laws

 Constitutions, organize, distribute and

regulate state power.

 They set out the structure of the state, the

major state institutions, and the principles
governing their relations with each other and
with the state’s citizens.
37
 Defines the structure of a state
 Distribution of governmental powers
 Responsibilities in the exercise of these
powers
 Protection of fundamental rights and
freedoms
 Limits, constraints on powers to be exercised
by governments
38
 The origin of modern constitutions is found in a
country, which does not have a written
constitution i.e. England

 “…the origin of modern constitutions is

recognized to be the English Magna Carta of
1215. It is deemed to be the first constitutional
document placing limits on the power of
government (the king) and granting rights to his
subjects” (Aybay, page 74, paragraph 3)
39