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SOURCES OF LAW 1. Statutes A statute may be defined as an express and formal laying-down of a rule or rules of conduct to be observed in the future by persons to whom the statute is expressly, or by implication, made applicable. (a) Primary or principal legislation These are the laws made by parliament, after a bill has passed by majority of parliament. These laws must not conflict with the constitution. It should be noted that, the parliament is the supreme legislative body; it can make or unmake any law to any extent. Any act passed by parliament which is of general application is absolutely binding on all persons within the sphere of parliament’s jurisdiction. (b) Subordinate or subsidiary legislation The power of the parliament to delegate its authorities is found under article 97(5) of the constitution of the United Republic of Tanzania which states that:- “The provisions of this article or article 64 of this constitution shall not prevent the parliament from enacting laws makin

CLASSIFICATION OF LAW Law can be classified in many ways which depends on the perspective, use or the system concerned. Some of the famous classification of the law is as explained herein below:- (i) Positive Law and Natural Law Law is a social rule posted by human beings to regulate in a general and binding manner the social behaviour of human beings as social beings in a given society. Characteristics of Positive Law (a) Command (b) Sovereign authority (c) Punishment (d) Sanctions Natural Law-Law is God given, it is inherent and immutable. (ii) Common Law and Civil Law( as system of law) This classification is based on looking at the law as a legal system of a particular country. Today in the world there are two major systems of law, which are named as common law and civil law. Common law is mostly practised by common law countries, i.e. the countries that were rules by Britain or are part and parcel of the common wealth of nations, whereas the civil law or continental law is a syste

THE NATURE, CLASSIFICATION AND SOURCES OF LAW 1. What is law Law is a rule prescribed for human action/conduct. It concerns human beings, group of people or society and not individual. It is a rule prescribed for human action by a determinate authority. Otherwise, it is defined as a system of rules of social behaviour. These rules must be general and not specific 2. Characteristics of Law (a) Social control mechanism • It is a means to persuade its members to think and act in compliance with the norms which make up its culture (b) The most important feature of law is that, it is normative. By normative it means that certain norms characteristic of human social life and indicative of what is done by the majority in a given situation have taken on the quality of what ought to be done. What is the case is transformed into what ought to be the case The word Norm-originate from the word square or norma, that is used by carpenters and masons to make right angles, which afforded them a ready