SOURCES OF LAW

Chapter 2

Instructor: Me. Sandy El Masri

 SOURCES OF LAW
IN LEBANON

Part 1

Instructor: Me. Sandy El Masri

 SOURCES OF LAW IN LEBANON

1. Constitution
2. International treaties
3. Law
4. Decrees
5. Norms
6. Precedents
7. Legal writings/doctrine

Instructor: Me. Sandy El Masri

 NATIONAL VS. INTERNATIONAL
SOURCES OF LAW

Constitution

Law
Formal/Procedural

National Jurisprudence

Custom / Usage

Sources of Law
Legal Doctrine

Treaties
International
Instructor: Me. Sandy El Masri
Custom/Usage
 THE CONSTITUTION

• The Lebanese Constitution is the supreme law that determines the form of the
state in Lebanon.

• It is a document protecting individual civil and political liberties (e.g., religion,

expression, residence, due process) and a capitalist free-market economy and
private property.

• The preamble to the constitution, which was also amended according to the
Taif Accord, commits Lebanon to various international human rights treaties
and in the eyes of some legal experts thus produces a hierarchy between
international human rights law and national law.
Instructor: Me. Sandy El Masri
 SOURCES OF LAW IN LEBANON

• International Treaties: An agreement in written form between one

or more nation-states and/or international organizations.

• Law (formal/procedural): written rules and regulations enacted by the

competent authorities (generally the Parliament).

• Custom: A usage or practice of the people, which, by common

adoption and acceptance and by long and unvarying habit, has become
compulsory, and has acquired the force of a law.

• Usage: A long-established and well-known practice in a particular

Instructor: Me. Sandy El Masri
market or trade.
 SOURCES OF LAW IN LEBANON

• Jurisprudence: A group of decisions rendered by the courts of a country

and settling a legal issue by determining a certain solution, and which are
used as an authority to settle similar cases on the basis of the same solution
(case law/precedents).

• Agreement between parties/Contracts: Constitutes the law of the Parties.

• Legal Doctrine: The opinions of legal scholars and law practitioners on law
matters (in research papers, theses, academic articles, … etc) – more of a
moral authority rather than a source of law per se.

Instructor: Me. Sandy El Masri

 P R I N C I P A L A C T O R S O F T H E L AW

Judiciary Responsible for

Jurisprudence
(Courts) Enforcing the laws

People Custom/Contracts

Responsible for
Legislator
passing the laws Laws/Constitution
(parliament)

States Custom/Treaties
Responsible for
Executive Implementing the
Decrees
(Government)
Instructor: Me. Sandy El Masri laws
 HIERARCHY OF NORMS

Constitution

Treaties

Law (formal)

Instructor: Me. Sandy El Masri

Decrees
 CLASSIFICATION OF LAWS

Commercial
Civil
Private Corporate
Business
Banking
Law Public
Criminal
Commercial
Agency
Mixed Procedural

Labor
Instructor: Me. Sandy El Masri
 SOURCES OF LAW IN THE USA

Part 2

Instructor: Me. Sandy El Masri

 OUTLINE

1. Constitutional Law
2. Statutory law at the federal level
3. Statutory law at the state level
4. Local laws of cities, counties, and townships
5. Private law
6. Court decisions

Instructor: Me. Sandy El Masri

 The Vertical Nature of U.S. Law.

Instructor: Me. Sandy El Masri

 CONSTITUTIONAL LAW

• The U.S. Constitution and the constitutions of the various states are unique
forms of law.
• Constitutions are the law of the people; they can only be changed by lengthy
and demanding procedures.
• They tend to protect general rights: speech, religion, property etc…
• They provide a framework for all other forms of law.
• The basic rights afforded in them cannot be denied by the other sources of law.
• A statute’s boundaries are formed by constitutionally protected rights.

Instructor: Me. Sandy El Masri

 STATUTORY LAW
AT THE FEDERAL LEVEL

• Congressional Law:
• Laws passed by the congress.
• The become part of the U.S.C.
• E.g.: Sherman Act, Equal Employment Opportunity Act, etc…
• Executive Orders:
Laws of the executive branch of the federal government.
• Federal Administrative Regulations:
• The federal government has administrative agencies that serve the functions of
promulgation of rules for developing specifics such as forms and time requirements for
carrying out the legislative enactments of congress in addition to enforcing both laws
and regulations.
• E.g.:
Instructor: Me. Sandy EPA,
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 STATUTORY LAW
AT THE STATE LEVEL

• State constitutions cannot circumvent or cancel any of the rights afforded by

the U.S. constitution.

• Legislative Law and State Codes:

• Each state has its own code containing the laws passed by its legislature.
• State codes include: state criminal codes, laws for incorporation, laws governing
partnerships and contract laws.

• State Administrative Law:

• State governments have administrative agencies with the power to pass regulations
dealing with the statutes and powers given by the state legislature.
• E.g.:
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 LOCAL LAWS OF CITIES, COUNTIES,
AND TOWNSHIPS

• In addition to federal and state statutes, local governments can pass ordinances
or statues within their areas of power.

• These local laws govern lesser issues such as:

• Zoning,
• Dog licensing,
• Curfews, and
• Loitering.

Instructor: Me. Sandy El Masri

 PRIVATE LAW

• Final source of written law.

• Enforceable provided they are not inconsistent with rights and protections
afforded under the other sources of law.
• Examples of private law:
• contracts and
• landlord regulations.

Instructor: Me. Sandy El Masri

 COURT DECISIONS

• When ambiguities or omissions occur in the

statutory language, courts provide interpretation
or clarification of the law when disputing parties
bring suit.
• These court decisions are then read along with
the statutory language in order to give complete
analysis of the scope and intent of the statute.

Instructor: Me. Sandy El Masri

 END OF SLIDES

Instructor: Me. Sandy El Masri