The fundamental principles of law constitute the foundations upon which the entire legal system rests. They serve as the basis for erecting the normative structure that governs societies. These principles, such as legality, equality before the law, and the protection of fundamental rights, influence the creation and application of laws. They are part of a hierarchy of norms, a key concept that organizes various legislative texts according to their importance. At the top of this pyramid is the Constitution, followed by international norms, ordinary laws, and finally regulations. This hierarchy ensures coherence and the superiority of higher norms over lower ones, guaranteeing legal order and legal stability.
The fundamental principles of law and the hierarchy of norms
The Kelsen pyramid, a schematic representation developed by the jurist Hans Kelsen, illustrates the hierarchy of legal norms. According to this model, at the top sits the Constitution, which frames the power of the State and organizes the relationships between institutions, while enshrining fundamental rights and principles. This ‘block of constitutionality’ is binding on all other sources of law, ensuring that constitutional law remains the bedrock of domestic law.
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In this pyramidal organization, European treaties and European law are positioned just below the Constitution, enjoying supremacy over national laws in France, with the notable exception of the jurisprudence of the Conseil d’État stemming from the Sarran decision, which reaffirms the superiority of the Constitution over treaties. Major laws, such as those protecting individual and collective freedoms, and codes that group laws related to a specific theme, such as the Civil Code, follow in the hierarchy and must comply with these higher norms.
At the lower level, there are regulatory texts, such as decrees and orders, adopted by the executive power, which must conform not only to the Constitution and European law but also to national laws. The internal legal order is thus structured to ensure that each lower level respects and implements the provisions of the higher level.
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Jurisprudence, although not a formal source of law per se, plays an essential role in the interpretation of texts and can create precedents, thereby influencing legal practice. Judicial decisions, particularly those of the Constitutional Council or the Council of State, can have a significant impact on the application of the law and the evolution of the legal order, forming a complex web with other sources of law.
Implications and interactions between the different sources of law
At the heart of democracy, laws are voted on by Parliament, which consists of the National Assembly and the Senate, and embody the general will. Their development is the result of a rigorous legislative process that must comply with the principles set forth by the Constitution. In this normative dialogue, the Constitutional Council ensures respect for the Constitution, invalidating any law that deviates from it and thereby reinforcing the foundations of domestic law.
The regulatory texts, adopted by the executive power, namely the President of the Republic or the Prime Minister for decrees, and other administrative authorities for orders, concretize and specify the application of laws. These texts must navigate within the framework imposed by the hierarchy of norms, under the vigilant control of the administrative judge, who ensures the correct application of community and international law.
As for jurisprudence, it is shaped by judicial decisions, particularly those rendered by European and international courts, which can impose legal constraints on member states. A precedent, creating a new rule in the case of the interpretation of the law by judges, can durably influence the legal order and contribute to the dynamic evolution of law. The jurisprudence of the Constitutional Council and that of the Court of Justice of the European Union illustrate this ability of judges to engage in dialogue with the legislator, thereby modulating the legal landscape according to contemporary needs and challenges.