Sources of Law

Laws are rules enforced by a controlling authority to regulate society's behavior.

In nursing practice, the law provides the framework for nursing actions, protects patients' rights, sets boundaries for an independent nurse's action, and assists in maintaining practice standards.

The four key sources of law are constitutional, statutory, administrative, and common law.

Constitutional law refers to rights inscribed in federal and state constitutions, for example, a constitutional right to refuse treatment.

Statutory laws originate from constitutional law. The legislative branch of the government creates and passes them.

These laws are either civil, protecting individuals' rights, or criminal, protecting society against crime.

Administrative or regulatory law pertains to the rules and regulations that state or federal agencies develop and issue in a specific area of expertise.

For instance, the State Board of Nursing defines rules and regulations to enforce and implement the Nurse Practice Act.

Common law refers to an unwritten set of laws based on judicial precedents. For instance, obtaining informed consent before any medical procedure, implied under the US Constitution, is common law.