Topic summary

Pyramid of norms

Pyramid of norms

Extracted from the Wikipedia article Pure Theory of Law.

France

French sources reinterpret Kelsen's hierarchy metaphorically and graphically, calling it and depicting it as "Kelsen's pyramid" or "pyramid of norms", from the 1958 Constitution at the apex of the pyramid, and administrative decisions and contractual agreements between individuals at the foot. This hierarchical organization is one of the most important guarantees of the État du droit (Rechtstaat). The jurisdiction of different organisms of State are precisely defined within this framework, and the norms they promulgate are valid only insofar as they respect the higher-level norms which define and authorize their powers. Any organ failing to respect a higher-level principle is susceptible to judicial sanctions; this is known as the "principle of legality". The State, which has the power to define the law, is itself subject to this principle.