Legal Norms: Origin and Hierarchy of Law Sources

The Sources of Law

Concept of Source

When we speak of a source of law, we refer to the origin of the law. The source of the duty will arise where the norm is established. There are two main types:

• Material Sources: These are the social powers that create legal norms (society, state, international organizations, etc.).
• Formal Sources: These are the ways in which legal standards are set.

According to the civil code, the sources of law are the law, custom, and general principles of law.

Classification of Sources

Sources can also be classified as:

• Direct Sources: Those that are truly the source of law.
  • Written: Constitution, regulations, treaties, rules of Community law, etc.
  • Unwritten: Customs and general principles of law.
• Indirect Sources: These are not the right itself, but they help us to understand the legal consequences. Examples include teaching (where authors outline legal concepts) and jurisprudence.

Hierarchy of Sources

The hierarchy of the sources determines the order in which they are applied:

1. Law
2. Custom
3. General principles of law

Among the laws themselves, there is no strict hierarchy, but rather a competition, meaning there are sectors or areas for specific materials.

Written Sources: The Constitution

The Constitution

The Constitution is the first rule of law. It is approved by the constituent power. From this constitutional power, everything else is established or created. The constitution is the supreme law.

• Material Supremacy: All citizens are subject to the Constitution. The constitution repeals all rules contrary to it.
• Formal Supremacy: Refers to its relationship with other standards.

Constitutional Evolution and Purpose

Constitutional Amendment

With the social revolutions of the eighteenth, nineteenth, and twentieth centuries, the constitution evolved, leading to constitutional amendment. It is characterized by limited political power, limited by law and headed by the constitution.

A fundamental constitutional purpose is to ensure freedoms. Although the state and ideologies have changed significantly, this aspect remains guaranteed by the constitution.

Division of Powers

Any society that expresses the division of powers and guaranteed rights requires a constitution (as stated in Article 16 of the French Constitution of 1789).