Constitutional Law between Statutory Law and Higher Law

Abstract

In the internal hierarchy of modern legal systems, constitutional law occupies a special position. On one hand, it figures above statute law; on the other, it is classified below “higher law.” Within this study, we understand “higher law” to be, in addition to the unwritten and/or natural-law based positivistic norms of human rights2, the internationally recognized rules of the law of nations and other general legal principles, such as equality and the forbidding of arbitrary rule. The position of constitutional law between statute law and higher law constitutes the subject of this analysis. We will examine the relationship between constitutional law, simple statute law and — as far as it is recognized — higher law in the constitutions of various countries. We will also try to find any normative rules that these constitutions have at their disposal to settle possible controversies about the ranking of these three types of laws. The constitutions of the following countries will be compared: