Question

Source of law which consist in declaration of legal rules by a competent authority.

• A. Precedents
• B. Customs
• C. Legislations
• D. All the above

Hint:

Legislation is often referred to as "enacted law."
It is the most powerful and direct source of law in modern democratic states.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks about the specific source of law that consists of the declaration of legal rules by a competent authority.
This requires identifying the distinct characteristics of different sources of law.

Step 2: Key Concepts and Approach:
We must distinguish between the main sources of law: legislation, precedent, and custom.
We need to identify which of these is defined by the formal declaration of rules by a designated sovereign or competent authority.

Step 3: Detailed Explanation:

• Definition of Legislation: Legislation is the formal declaration of legal rules by a competent authority, typically the legislature.

• Precedents vs. Legislation: Precedents are judicial decisions made by courts. While they lay down legal principles, their primary function is to resolve specific disputes, not to declare general rules prospectively.

• Customs vs. Legislation: Customs are long-established practices that gain the force of law over time through continuous usage, rather than formal declaration.

• Analytical Positivism: Positivist jurists like John Austin emphasized that legislation is a direct command of the sovereign, reflecting a conscious law-making process.

• Salmond's Classification: Salmond classifies legislation as a legal source of law because it has an authoritative declaration behind it.

Step 4: Final Answer:
Thus, the source of law consisting of the declaration of legal rules by a competent authority is legislation.