Understanding the Hierarchy of Legal Norms

From the study guide

Course Outline

  1. Sources of Law Overview
  2. National Sources
  3. Constitution and Constitutional Principles
  4. Legislative Acts
  5. Regulations and Decrees
  6. Treaties and Agreements
  7. European Law and Community Legislation
  8. Case Law and Doctrine
  9. Specific Sources and Customs
  10. Collective Agreements
  11. Hierarchy and Control of Norms

1. Sources of Law Overview

Key Concepts & Definitions

  • Sources of law: The set of legal rules applicable in a State at a given time, which are general, abstract, obligatory, and sanctioned by public authorities. They can be diverse and classified based on various distinctions such as direct, indirect, specific, national, international, written, or unwritten.

  • Direct sources: Written and directly binding legal rules emanating from public institutions, either national or international.

  • Hierarchy of norms: The ordering of sources of law according to their authority, ensuring that lower-level norms do not contradict higher-level norms.

  • Control of hierarchy: The role of the Constitutional Council in verifying the conformity of laws and treaties with the Constitution, including the mandatory submission of organic laws for review.

  • International sources: Legal instruments such as treaties and agreements between States that have legal effects and are binding on the signatory States.

Read the full study guide β†’

Practice quiz preview

1. How are treaties and European law similar or different as sources of law?

2. What is the essential step that makes treaties and agreements legally binding on States according to the 'National Sources' framework?

3. What is the cause that ensures the primacy of international and European law over national law?

Take the quiz (11 questions) β†’

Flashcard preview

Sources of law β€” definition?

Legal rules applicable in a State at a given time.

Direct sources β€” role?

Written, binding rules from public institutions.

Hierarchy of norms β€” purpose?

Organizes sources by authority to ensure consistency.

Control of hierarchy β€” role?

Verifies laws' conformity with the Constitution.

International sources β€” examples?

Treaties and agreements between States.

European law β€” includes?

Treaties, acts, case law from the EU.

See all 22 flashcards β†’

Frequently asked questions

What does the Understanding the Hierarchy of Legal Norms study guide cover?

It covers the core concepts of Understanding the Hierarchy of Legal Norms, organized by topic with the key definitions, explanations and takeaways, so it's easier to learn and remember.

Read the full study guide β†’

How many questions are in the Understanding the Hierarchy of Legal Norms quiz?

The practice quiz has 11 multiple-choice questions, each with an explanation. Use it to check what you know and find your gaps.

Take the quiz (11 questions) β†’

How do I study Understanding the Hierarchy of Legal Norms with flashcards?

There are 22 flashcards on Understanding the Hierarchy of Legal Norms, with a question on the front and the answer on the back. Try to recall each answer before you flip, and let spaced repetition bring back the ones you miss.

See all 22 flashcards β†’

Related classes

Turn your own class notes into a study guide

Upload a PDF or paste your notes. Revizly writes a study guide, a practice quiz and flashcards in about a minute.