Podcast
Questions and Answers
What entity is responsible for verifying a law's conformity to the Constitution in France?
What entity is responsible for verifying a law's conformity to the Constitution in France?
- The Parliament
- The Executive Branch
- The Constitutional Council (correct)
- The Supreme Court
Which mechanism allows challenges to laws after they have entered into force in France?
Which mechanism allows challenges to laws after they have entered into force in France?
- Referendum process
- Legislative veto
- Question prioritaire de constitutionnalité (QPC) (correct)
- Judicial review by the President
In the context of international treaties, what distinguishes the legal hierarchy in the US from that in France?
In the context of international treaties, what distinguishes the legal hierarchy in the US from that in France?
- The US Constitution can override international treaties. (correct)
- Only the President can make treaties in the US.
- International treaties are considered supreme in both countries.
- State laws must adhere to international standards in the US.
What is the responsibility of a seated judge concerning conventionality control in France?
What is the responsibility of a seated judge concerning conventionality control in France?
What is the legal principle that state laws cannot contradict federal laws in the US known as?
What is the legal principle that state laws cannot contradict federal laws in the US known as?
What is required for a legal norm to be valid?
What is required for a legal norm to be valid?
Which of the following is considered positive law?
Which of the following is considered positive law?
Under which document does the House of Representatives have the sole power of impeachment in the US?
Under which document does the House of Representatives have the sole power of impeachment in the US?
What does the supremacy clause in the US legal system dictate?
What does the supremacy clause in the US legal system dictate?
Which body is responsible for initiating legislative proposals in both France and the US?
Which body is responsible for initiating legislative proposals in both France and the US?
What must happen for a proposal or bill to become law in France and the US?
What must happen for a proposal or bill to become law in France and the US?
What is the role of administrative acts within the hierarchy of norms?
What is the role of administrative acts within the hierarchy of norms?
Which of the following is NOT included as part of the constitutional block in France?
Which of the following is NOT included as part of the constitutional block in France?
Flashcards
Constitutional control in France
Constitutional control in France
Checking if a law follows the French Constitution.
QPC (France)
QPC (France)
Challenging a law's constitutionality after it's in effect (France).
Conventionality control (France)
Conventionality control (France)
Ensuring laws in France match international treaties and agreements.
Supremacy Clause (US)
Supremacy Clause (US)
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US Constitution in hierarchy
US Constitution in hierarchy
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Hierarchy of Norms
Hierarchy of Norms
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Constitution
Constitution
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Treaties (International Conventions)
Treaties (International Conventions)
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Laws (Positive Law)
Laws (Positive Law)
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Administrative Acts
Administrative Acts
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Jurisprudence
Jurisprudence
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Usages
Usages
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Study Notes
Sources of Law: Hierarchy and Control
- Legal norms must adhere to a hierarchy of norms, conforming to superior norms.
- This ranking prioritizes fundamental principles over lower norms.
- This hierarchy helps determine which norm prevails and must be enforced.
Sources of Law: France
- Hierarchy: Treaties, Constitution, Laws, Decrees, Jurisprudence, Customs/Usages
- Treaties: International Conventions
- Constitution: Declaration of Human Rights, fundamental principles, environmental charter, relationships between legislative, executive, and judicial powers
- Laws: Positive law, promulgated through the legislative process.
- Administrative Acts: Regulations, decrees, and acts by the Administration
- Jurisprudence: Past judicial decisions; not binding.
- Usages: Binding if general and consistent
Sources of Law: United States
- Hierarchy: US & State Constitutions, International laws, Federal and State laws, Jurisprudence/Case law, Regulations, Customs.
- Supremacy Clause: Federal law is superior to state law.
- US Supreme Court (SCOTUS): Alone can declare a law unconstitutional.
- Precedent: The US constitution prevails over other sources of law including international treaties/conventions.
Legislative Process
- France: Parliament (National Assembly + Senate)
- US: Congress (House of Representatives + Senate)
- Common Aspects: Proposal/bill initiated, reviewed, voted on, amended by both legislative branches, must agree on the wording, and finalized bill is promulgated by executive branch.
Control in France
- Constitutionality Control: Verifying a law complies with the Constitution (entire constitutionality block). Verified by the Conseil Constitutionnel.
- Timing of Challenges: Control can occur before or after the law enters into force; requests can be made to the Conseil Constitutionnel before/after promulgation, prior to the law entering into force.
Conventionality Control
- What: A law conforms to international Treaties and Conventions.
- Who: Judge him/herself or the judge may ask the CJEU.
Control in the US
- Supremacy Clause and SCOTUS: The US Constitution is supreme. State law cannot clash with federal laws. The SCOTUS declares laws that clash with the US Constitution unconstitutional.
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Description
This quiz explores the hierarchy of legal norms and their sources in both France and the United States. Understand the ranking of treaties, constitutions, laws, and administrative acts, and how these elements interact within each country's legal framework.
