FOURAHBAY COLLEGE UNIVERSITY OF SIERRALEONE

DEPARTMENT OF LAW

INTRODUCTION TO LAW MODULE -2022

FIRST SEMESTER LLB1 LECTURE NOTES - (By Rashid Dumbuya Esq.)

TOPIC 4: SOURCES OF LAW

There are many different sources of law in any society. Some laws will be written in the
country's Constitution; others will be passed by the legislature (usually a parliament or
congress) and others will come from long social traditions or customs. Section 170 (1) of the
1991 Constitution of Sierra Leone, Act No 6 states that the laws of Sierra Leone shall comprise
the following:
 The Constitution;
 Laws made by or under the authority of Parliament as established by the Constitution;
 Any orders, rules, regulations and other statutory instruments made by any person or
authority pursuant to a power conferred in that behalf by the Constitution or any other
law;
 The existing law; and the common law.

Below are some of the major sources of laws that could be found within a state.

1 Constitution

In any country with a written Constitution, the Constitution will take precedence over any
other source of law that is in existence. This is so because a constitution in the state is
regarded as the highest law or the grundnorm of the land. For example, if the Constitution
says there is freedom of speech for all citizens, but a social tradition or customs exist that
forbids women not to speak in public, a court will protect the rights of such women to speak in
public if theychoose to do so since those rights are enshrined within the constitution. The
Constitution takes priority over tradition and customs. Sierra Leone has had a number of
Constitutions since Colonial rule to date. The first Constitution was that of 1863 when
constitutional government was first introduced in Sierra Leone. This was followed by the 1924
and 1951 Constitutions. The 1961 Constitution was the first Constitution for an independent
Sierra Leone. The subsequent Constitutions- the 1971 and 1978 Constitutions are referred to
as the Republican and the One-Party Constitutions respectively. The current Constitution is Act
No 6 of 1991.
2 Legislation

Legislations are laws made by parliament. In Sierra Leone, the ultimate legislator is
Parliament.Section 73 of the 1991 Constitution establishes the Legislature. It is provided therein
that the legislature of Sierra Leone shall be known as Parliament and shall consist of the
President, the Speaker and Members of Parliament.

TheLegislature create laws to regulate public activity in the many areas that are within the
jurisdiction, including such things as highway traffic matters, education and the use of natural
resources. Any law passed by the legislature usually takes precedence over the common law.
For example, under the English common law principle of habeas corpus, the police are not able
to hold a person for longer than a certain period (typically 24 hours) without bringing them
before a public court. Habeas corpus can be loosely translated from Latin to mean "show us the
person" and it is meant to prevent authorities holding people in secret without due legal
process.

However, in times of emergency such as war, many countries pass legislation suspending these
provisions. In the so-called "war on terror", many countries have introduced anti-terrorism laws
which override habeas corpus to allow authorities to hold people, often in secret, for much
longer periods. Some prisoners held by US authorities in Guantanamo Bay prison have been
held for many years without trial or even appearing before an American judge. Whatever its
source, legislations form a large body of written law that governs how people liveout their lives.

3 Delegated Legislation

This is the process through which subordinate bodies are entrusted with certain powers by
Parliament to make rules, regulations, orders and by-laws. Laws can also be derived from this
source and can be binding and enforceable.

4 Statute Law

Statute Law in Sierra Leone is in two categories:

 Those adopted from England/ handed over

The Statutes handed over are those enacted by the British government and because Sierra
Leone was a colony, they were applied directly or adopted. Examples are the Wills Act of 1837,
The Larceny Act of 1916 and the Offences Against the Persons Act 1816. The first group of
Statutes was the Laws of Sierra Leone, 1949 which was repealed by the Laws of Sierra Leone,
1960.Since 1961, Statutes are now enacted locally by the Sierra Leone Parliament. The
Interpretation Act No. 8 of 1971 governs the interpretation of statutes.

5 Case law

Parliament passes laws but it is the courts that work out what they mean in practice. Laws are
interpreted and tested by a succession of trials over a period of time, under a variety of
circumstances. Case law therefore is a vast body of law that judges create, on a case by case
basis, as they make rulings and as they determine the precise meaning of a law or regulation.
Judges review the rulings of other judges in search of legal principles that can be applied to the
dispute that comes before them and are obligated to follow a precedent set by a higher court in
their jurisdiction, under a principle known as stare decisis- (a Latin term meaning standing by
former decisions). Any case law that is from a court of equal or higher rank to the one where a
case is now being heard, will normally take precedence. Also, a decision by a higher court (for
example a court of appeal or supreme court) is binding upon a lower court. The lower court
must follow what the higher court has said in a previous case where the circumstances are
similar.

6 Customary law

In developing countries which have been decolonized since the 1940s or 1950s, the law is
generally a mixture of law introduced by the former colonial power and customary law which
was there before colonization. These customary laws often take priority in certain areas of life.
Customary law means the rules of law which by custom are applicable to particular
communities in Sierra Leone. It derives its legitimacy from the community’s acceptance of it as
a binding obligation on them. It is largely unwritten. Customary law is usually taken to include
Islamic law. Typically, in Sierra Leonefor example, customary law still applies in many areas
such as land ownership, customary titles, marriage and family relationships. There are even
established customary courts to deal with these matters which are conducted according to
tradition and presided over by a customary chief or group of elders. Alternatively, even where
such matters may be dealt with by an ordinary court, customary law may take precedence
over other kinds of law that may apply in these areas. The danger of this type of source of law
however is that customs can be ageing and outdated and may even promote outright abuse to
contemporary human rights interests.
 7 Common law

English common law is the customary law of England, yet it has become influential in the laws
of many other countries. The United States, Sierra Leone and most countries in the
Commonwealth have legal systems based on English common law. In the Sierra Leone legal
system, the common law was introduced to work alongside customary law and Statute law.
Section 74 of the Courts Act, 1965 provides specifically that Common law enforced in England
up to the 1st January 1880 shall always apply in Sierra Leone. If there is nothing in the
Constitution to cover a situation, and if no specific law has been passed by parliament to
address a situation, a court in a Commonwealth country may decide the case depending upon
English common law. This may not be true in all Commonwealth countries of course as there
are many different legal systems that do things in different ways. However, in Sierra Leone, t he
common law which originated centuries ago in Britain has benefitted the judicial system of
Sierra Leone by enhancing predictability and fairness in the system of justice. It further ensures
that cases that raise similar legal issues will be resolved in a similar fashion.

8 The Rules generally known as equity

This refers to the English doctrines of equity as they have over time evolved in England and
Sierra Leone. Equity generally means fairness and itis often referred to as Natural Justice
because it is synonymous with it. But in Sierra Leone as in England, equity goes beyond Natural
Justice because it affects the interpretation of the law by the courts. Equity is necessary
because of the need to give justice to individuals who may be in dispute. The 1991 Constitution
states that Customary Law shall not prevail if it is in conflict with Natural Law, Equity and good
conscience. This is simply because in interpreting any rule of custom, it is important to do
justice to the parties in dispute.

9 Legal Texts and Writings

The legal texts and writings of eminent jurists and scholars such as Law textbooks, dictionaries,
encyclopedias, annotated law reports and periodicals may also serve as a source of law. They can
however be categorized assecondary sourcesof law since they offer analysis, commentary, or a
restatement of primary law and are useful inthe location and explanationsof primary sources of law.
This type of source of law may influence a legal decision but do not have the controlling or binding
authority as primary sources of law.For example, Legal dictionaries provide definitions of words in their
legal sense or use.LegalEncyclopedias offer broad and general commentary on a full range of laws within
the state and may be useful as a starting point for researching unfamiliar areas of law.Annotated law
reports provide essays that analyze and discuss particular points of law, whileLegal periodicals are very
helpful in locating cases and statutes in a particular subject area.