Legal Definitions - written law

Written law refers to legal rules and principles that have been formally created, documented, and published by a governmental body or through international agreement. This category primarily includes:

• Statutes: Laws enacted by legislative bodies, such as a national parliament, state legislature, or city council.
• Constitutions: The foundational legal documents that establish the framework of government and define the rights and duties of citizens.
• Treaties: Formal, written agreements between two or more sovereign nations.

Written law is distinct from judge-made law (also known as common law), which develops through judicial decisions and precedents set by courts over time.

Here are some examples to illustrate:

• Imagine a state legislature passes a new law requiring all employers to provide paid sick leave to their employees. This law specifies the number of days, conditions for use, and penalties for non-compliance. This is an example of written law because it is a statute formally enacted by the legislative branch, documented in official records, and published for public knowledge.

• Consider the provision in a country's constitution that guarantees every citizen the right to a fair trial. This fundamental right is not something a judge invented in a courtroom; it is explicitly stated in the nation's founding legal document. This constitutional guarantee represents written law as it is a core principle formally codified within the constitution.

• When two nations sign an agreement to protect endangered species within their shared border, outlining specific conservation measures and enforcement protocols, this agreement becomes legally binding on both countries. This international agreement is an example of written law because it is a treaty—a formal, documented pact between sovereign states that creates legal obligations.