Sources of law — definition?
Legal rules applicable in a State at a given time.
Direct sources — role?
Written, binding rules from public institutions.
Hierarchy of norms — purpose?
Organizes sources by authority to ensure consistency.
Control of hierarchy — role?
Verifies laws' conformity with the Constitution.
International sources — examples?
Treaties and agreements between States.
European law — includes?
Treaties, acts, case law from the EU.
Case law — function?
Interprets and clarifies laws through court decisions.
Doctrine — role?
Legal scholars' opinions influencing understanding.
Custom — element?
Habitual practice regarded as obligatory.
Collective agreements — origin?
Negotiated rules between social partners.
Hierarchy of norms — principle?
Lower norms must conform to higher norms.
Primacy of EU law — condition?
Ratification and reciprocity required.
National sources — highest norm?
The Constitution of 1958.
Organic law — purpose?
Sets procedures for authorities, supplements the Constitution.
Rules regulations — source?
Issued by executive/administrative authorities.
Treaties — binding after?
Ratification by the President or Parliament.
European treaties — examples?
Treaty of Rome, Maastricht Treaty.
Case law — binding?
Yes, from the Court of Justice of the EU.
Customs — requirement?
Repeated practice and shared belief in obligation.
Amendment of Constitution — how?
By referendum.
Control of norms — who?
The Constitutional Council.
International law — over national law?
Yes, when ratified and reciprocally applied.
Teste tes connaissances avec un QCM de 11 questions sur Understanding the Hierarchy of Legal Norms.
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?
Révisez le cours complet dans la fiche de révision de Understanding the Hierarchy of Legal Norms.
Voir la fiche →Importe ton cours et l'IA génère des flashcards en 30 secondes.
Générateur de flashcards