Critically discuss the sources of law citing their advantages and disadvantages. (30)
Law is the body which a community recognises as binding on its members. There are different sources of law, each contributing in one way or the other to the effective administering of rules and regulations within a state or community. Such sources of law include customary law, judicial precedent law, Roman-Dutch law and legislative law
Customary law includes habits and practises observed by individuals in a society over a period of time. It is an unwritten code of behaviour. The establishment of such habits is gradual and may span across different generations. For customary law to function effectively, ...view middle of the document...
In a country like Zimbabwe, the legislative power is vested in the president and parliament. Parliament is made up of the house of assembly and the senate. The legislature makes laws it deems necessary and desirable in the interests of peace and order. The legislature has the power to amend or repeal any law within its boundaries.
A benefit of this law is that it is flexible and dynamic. Thus the law is able to keep up with societal developments as any acts can be amended or repealed to take cognisance of changes in societal norms and behaviour. The law is thus in a better position to account for societal issues like women empowerment and gender equity. That is why, after thirty three years of amending and adhering to the Lancaster House constitution, the president and parliament came up with a new constitution that could accommodate so many years of changes in the status quo
The drawback of this law is that it is often time consuming and expensive to amend acts or come up with a new constitution. This is because of tedious consultations and the fact that most deliberations have to be debated or settled by a plebiscite, as was the case in March when Zimbabweans voted for a new constitution. Such costs can have detrimental effects on the economy, case in point being that the constitutional vote was preceded by a hike in fuel prices to finance the plebiscite
Judicial precedent is a previous judicial decision which serves as a rule or guide for similar cases heard in the future. A ruling concerning the legal position applicable in a particular set of circumstances becomes the law. Under judicial precedent, the notion...