Sources of law and the hierarchy of norms
The texts and decisions from which a rule of law comes, their rank in the pyramid of norms, who writes them, the reviews that sanction a lower text and how a statute applies over time.
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Source of law: what is it?
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The origin from which a rule of law draws its binding force: a written text, a court decision, a custom or an agreement between parties.
Written sources (constitution, treaties, statutes, regulations) are set apart from unwritten ones (case law, custom); a contract is a source that binds only its signatories.
Who checks that a statute respects the Constitution?
- The Conseil constitutionnel
- The Conseil d'État
- The Cour de cassation
- The Court of Justice of the European Union
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The Conseil constitutionnel
The Conseil d'État and the Cour de cassation are the highest courts of each order, but they do not rule on whether a statute complies with the Constitution: they forward the priority question on constitutionality to the Conseil constitutionnel.
In the pyramid of norms, the statute sits below the … and below duly ratified …, but above the regulation.
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In the pyramid of norms, the statute sits below the Constitution and below duly ratified treaties, but above the regulation.
Treaties prevail over domestic statutes, provided the other party applies them; the Constitution remains at the top of the French legal order.
Hierarchy of norms: what is it?
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The ranking of rules of law, where each one must respect those above it and prevails over those below it.
From top to bottom: constitution, treaties and Union law, statute, regulation (decree, then order). A text that contradicts a higher one can be set aside or annulled.
A statute gives all employees a right of appeal. An implementing decree reserves it for employees with over two years' service. What is the nature of the conflict?
- The statute is unconstitutional, because it goes too far
- The decree is valid: it is more specific than the statute
- The decree is unlawful: it restricts a right the statute grants
- The decree is valid, since the statute leaves its application to it
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The decree is unlawful: it restricts a right the statute grants
A regulation spells out the statute but can neither contradict it nor restrict it. A text's greater precision gives it no extra rank in the pyramid.