Class 2 - 26 PDF: Sources of Law

PART II : WHAT ARE THE SOURCES OF THE LAW ? never stop daring. 2 WHAT ARE THE SOURCES OF THE LAW ? Hierarchy of norms For a legal norm to be valid, it must be,integrated into a hierarchy of norms and conform to norms superior to it....

PART II : WHAT ARE THE SOURCES OF THE LAW ? never stop daring. 2 WHAT ARE THE SOURCES OF THE LAW ? Hierarchy of norms For a legal norm to be valid, it must be,integrated into a hierarchy of norms and conform to norms superior to it. This ranking of norms elevates certain fundamental principles over lower norms. It helps to determine which one prevails and must be enforced and followed over other ones.  WHAT ARE THE SOURCES OF THE LAW ? Hierarchy of norms in France Kelsen Pyramid WHAT ARE THE SOURCES OF THE LAW ? Hierarchy of norms in France Treaties: International Conventions Constitution : ØConstitutionality block: Declaration of Human Rights, fundamental principles recognized by the Laws of the Republic, 2004 environmental charter (see Handout) ØCompetences and relationships between the legislative, executive and judiciary powers Laws: positive law - promulgated through the legislative process Administrative acts: regulations, decrees, and other acts taken by an Administration Jurisprudence: past judicial decisions interpreting the law – not binding Usages : binding so long as they are general and consistent WHAT ARE THE SOURCES OF THE LAW ? Hierarchy of norms in the US Supremacy clause: FEDERAL > STATE WHAT ARE THE SOURCES OF THE LAW ? Hierarchy of norms in the US Example of a US Constitutional power given by law: The House of Representatives has sole power of impeachment The Senate has sole power to investigate and try impeachments The Chief Justice of SCOTUS presides the Trial WHAT ARE THE SOURCES OF THE LAW ? Reminder on the legislative branch (maker of laws) France: Parliament: National Assembly (députés) + Senate (senators) US: Congress (Capitol Hill): House of representatives (members of the House) + Senate (senators) WHAT ARE THE SOURCES OF THE LAW ? Reminder on the legislative branch (maker of law) Common aspects of the French and US legislative process include : The proposal/bill is initiated by one of several entities The proposal/bill is reviewed, voted on, amended, by the two organs of the legislative branch, which must agree on the same exact wording or else the proposal/bill will not become law The finalized proposal/bill is then promulgated by the Executive power The text must be published in an official publication to come into force WHAT ARE THE SOURCES OF THE LAW ? The legislative process in France https://www.youtube.com/watch?v=nDCKhiWOPlY Entry into Vote Promulgation Publication force WHAT ARE THE SOURCES OF THE LAW ? Controling the hierarchy of norms in France Constitutionality control What: Verifying that a law conforms to the Constitution (or the entire constitutionality block) Verification done by: the Conseil Constitutionnel/Constitutional Council (CC) Timing of the challenge/control: 2. Challenge after the law has entered into 1. Challenge before the law is force, at the CC: QPC promulgated, via a request to the CC OR (Question prioritaire de constitutionnalité) Entry into Vote Promulgation Publication force WHAT ARE THE SOURCES OF THE LAW ? Controling the hierarchy of norms in France Conventionality control What: Verifying that a law conforms to international Treaties and Conventions Review done by : the (seated) judge him/herself or the judge may ask the CJEU WHAT ARE THE SOURCES OF THE LAW ? Controling the hierarchy of norms in the US: State law, Federal law and Intl treaties State law may never be contrary to Federal law (including the US Constitution) à supremacy clause of the US Constitution SCOTUS alone may declare a law unconstitutional upon a challenge by a party to a trial. The US Constitution prevails over any other sources of law. This includes prevailing over international treaties and conventions, which are not deemed to have supreme authority in the US, unlike in France.