Hierarchy in Laws (Hierarchy) مقاله

خلاصه ماشینی:

Since treaty-based international laws are laws that arise by virtue of international treaties—meaning the provisions of the treaty constitute the law regarding its participants, and since in such cases the said treaty is approved by the legislative authority of the relevant country—they are therefore considered general law, which through the courts of that country are binding, and even in the constitutions of some countries, this stage is explicitly mentioned. In some countries like America, the timing of the emergence of these laws is often also observed, meaning that international customary laws gain priority if they are significantly later in time than the statutory laws of the said state, provided they do not conflict with the provisions of the US Constitution. The ranks whose observance is binding on individuals in a national society include: constitutions, ordinary laws, court judgments, and orders of the executive power; each of these ranks may be written (statutory) or unwritten (customary). The American Constitution makes the country's Supreme Court obligated to decide on this matter upon the request of one of the litigants; however, such a stage is not necessary in English laws because since all laws in this country are written, they are outside the hands of Parliament; therefore, in case of discrepancy between them, a legal principle governs that, according to which between two laws, in the event of a discrepancy, the one that is later in terms of time is valid.