Introduction to primary legal research Sources of law, Constitutions, legislation and Treaties

The Emalus Campus Library Law Resources page – the starting point for all of your research

Sources of Law What are sources of law? What are sources of law? Constitutions Constitutions Received legislation Received legislation Legislation passed within each jurisdiction Legislation passed within each jurisdiction Customary law Customary law Case law (see module 4) Case law (see module 4)

Sources of law commentary on PacLII

Sources of law commentary on Emalus Library Pacific law collection

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Legislation - Terminology The term “legislation” covers both statutes and subsidiary legislation / delegated legislation / subordinate legislation “Statute” – an Act of Parliament

Legislation - Terminology “Sessional legislation” – Acts passed in a particular session of Parliament eg. Act No. 3 of 2006 is the third Act passed during the 2006 session of Parliament “Principal Act” – Main Act as passed “Amending Act” – Amends of alters one or more principal Acts

Legislation - Terminology “Reprinted Act” – an edited version of the Principal Act which contains the original text of the Act as it was when first passed, plus the text of all amendments to that Act until the date of the reprint

Legislation - Terminology “Consolidation” of Acts – Republication of all principal Acts of a jurisdiction in their amended format up until a specific date “Compilation” – Laws that have been arranged by subject but have not been substantially changed / partial consolidation

Legislation - Terminology “Subsidiary legislation” “Subordinate legislation” “Delegated legislation” – Made by office holders or bodies other than Parliament. Can be Regulations, Rules, By- laws, Orders

Constitutions Hardcopy – First chapter of the Consolidated Laws of each Pacific country Hardcopy – First chapter of the Consolidated Laws of each Pacific country Online – Via PacLII Online – Via PacLII Make sure that you are looking at the current version of the Constitution Make sure that you are looking at the current version of the Constitution Fiji Constitution was substantially amended in Fiji Constitution was substantially amended in 1997.

Received legislation England England Australia Australia New Zealand New Zealand Laws at the date of application (usually date of independence) – NOT the current laws of England, Australia and New Zealand Laws at the date of application (usually date of independence) – NOT the current laws of England, Australia and New Zealand

Treaties (International) International Treaties International Treaties Texts – Sourcebooks Texts – Sourcebooks Pacific Islands Treaty Series (PITS) on PacLII Pacific Islands Treaty Series (PITS) on PacLII International organisations ie United Nations International organisations ie United Nations Recommended Internet Links directory Recommended Internet Links directory

Received legislation - hardcopy England – Pickerings Statutes at Large ; Public General Statutes ; Public General Acts and Measures England – Pickerings Statutes at Large ; Public General Statutes ; Public General Acts and Measures Australia – Commonwealth Acts of Parliament ; Australia – Commonwealth Acts of Parliament ; New Zealand Statutes Reprint ; Butterworths New Zealand Annotations ; New Zealand Statutes New Zealand Statutes Reprint ; Butterworths New Zealand Annotations ; New Zealand Statutes

Legislation via the Emalus Recommended Internet Links directory

Pacific legislation Hardcopy in Emalus Library Hardcopy in Emalus Library Consolidations Consolidations Bound volumes of statutes by year Bound volumes of statutes by year Loose statutes (not yet bound) held in library workroom Loose statutes (not yet bound) held in library workroom Historical collections Historical collections

Pacific law holdings available from the Emalus Campus Library Law Resources page

Emalus Library Pacific Law Collection

Example: Holdings of Fiji Legislation

Historical collections

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Customary law Statement relating to the application of customary law in the Constitution of each country Statement relating to the application of customary law in the Constitution of each country Eg Vanuatu s95 (3) of Constitution - EXISTING LAW (3) Customary law shall continue to have effect as part of the law of the Republic of Vanuatu. Eg Vanuatu s95 (3) of Constitution - EXISTING LAW (3) Customary law shall continue to have effect as part of the law of the Republic of Vanuatu. Customary law is not written Customary law is not written

Treaties -Textbooks

Treaties - International law sites on Recommended Internet Links directory

Treaties – United Nations Treaty Collections (Username and password required)

For ratification details click on ‘Status of Multilateral treaties…’

Click on chapter no. of relevant topic eg. Human rights

Click on link for relevant treaty for ratification details

Example of ratification schedule