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Essay / The 5 Fundamental Sources of Law - 847
In American law, there are five fundamental sources of law, which will be discussed in this context. The primary sources of American law are constitutional law, administrative law, common law, statutory law, and treaties. “Most American laws consist primarily of state laws, which can and do vary widely from state to state” (Boundless). American law is derived from English law, but has separated from it and incorporated a number of civil innovations. Each of these five sources of American law plays a vital role in shaping our legal system. With this understood, we will take a closer look at each source of law exclusively and see what they provide. First, we'll look at constitutional law. Constitutional law is a broad source of law that deals with the clarification and promulgation of the United States Constitution. “As the Constitution is the foundation of the United States, constitutional law addresses some of the fundamental relationships within our society” (Cornell Law). These relationships include the affiliations between the three branches of government, namely the legislature, the executive and the judiciary. Other relationships in constitutional law may be interactions between the state and the federal government. Two important parts of constitutional law are both judicial review and the Supreme Court. “Judicial review is the fundamental idea of the American system of government that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch” (Cornell Law). Judicial review ensures that all three branches of government follow the “rules,” and judicial review also ensures that a fair decision is made. The Supreme Court......middle of document......usion, we can all agree that these five sources contribute to American law in similar but distinct ways. This is where functionalism plays a role in American law, because we need each of these specific laws to help us function properly. These laws help define the authority and structure of American law. These five laws aim to ensure that proper order exists, they also provide solutions to conflicts and provide refuge for individuals and the assets they acquire. Works Cited “Common Law”. Merriam Webster. Merriam-Webster, nd Web. March 10, 2014. “Constitutional law”. LII / Legal Information Institute. Np, and Web. March 10, 2014. “Primary Sources of American Law: Constitutions, Administrative Statutes and Regulations, and Case Law.” » Without limits. Np, and Web. March 10. 2014.