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

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

3. 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)

4. Sources of law commentary on PacLII

5. Sources of law commentary on Emalus Library Pacific law collection

6. (cont..)

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

8. 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

9. 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

10. 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

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

12. 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 1997. Fiji Constitution was substantially amended in 1997.

13. 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

14. 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

15. Received legislation - hardcopy England – Pickerings Statutes at Large 1761- 1830 ; Public General Statutes 1837-1951 ; Public General Acts and Measures 1955-1992 England – Pickerings Statutes at Large 1761- 1830 ; Public General Statutes 1837-1951 ; Public General Acts and Measures 1955-1992 Australia – Commonwealth Acts of Parliament 1901-1973 ; Australia – Commonwealth Acts of Parliament 1901-1973 ; New Zealand Statutes Reprint 1908-1957 ; Butterworths New Zealand Annotations 1908 - 1977 ; New Zealand Statutes 1967 - New Zealand Statutes Reprint 1908-1957 ; Butterworths New Zealand Annotations 1908 - 1977 ; New Zealand Statutes 1967 -

16. Legislation via the Emalus Recommended Internet Links directory

18. 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

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

20. Emalus Library Pacific Law Collection

21. Example: Holdings of Fiji Legislation

22. Historical collections

23. (cont..)

24. 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

25. Treaties -Textbooks

26. Treaties - International law sites on Recommended Internet Links directory

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

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

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

30. Click on link for relevant treaty for ratification details

31. Example of ratification schedule