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Journal articles on the topic 'Hierarchy of sources of law'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Vasilev, A. A., S. Groysman, Ya Stoilov, and Yu V. Pechatnova. "HIERARCHY OF RUSSIAN LAW SOURCES: AN ANALYSIS OF LEGISLATION AND DOCTRINE THROUGH THE COMPARATIVE LEGAL PRISM OF BULGARIAN LAW." Вестник Пермского университета. Юридические науки, no. 3(61) (2023): 390–402. http://dx.doi.org/10.17072/1995-4190-2023-61-390-402.

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Introduction: the article analyzes the conceptual problem of the formation of the ‘law on laws’, evaluates different approaches to the study of the system of normative legal acts, formulates the prerequisites for the uniform legal regulation of the hierarchy of sources of law. Purpose and objectives: the aim of the study is a legislative and doctrinal analysis of Russian and Bulgarian law from the perspective of the development of the law on normative legal acts. To this end, the authors set the following research tasks: firstly, to study the hierarchy of law as a conceptual problem and object

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2

Semenov, A. V. "Revisiting the hierarchy of the national system of legalistic sources of law." Sociology and Law 14, no. 3 (2022): 339–45. http://dx.doi.org/10.35854/2219-6242-2022-3-339-345.

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The problem of consistency and place of legalistic sources of law, especially the ones having an indefinite a priori legal force, is highly relevant in the modern national law system. In the field of law enforcement, in this regard, there is a topical question of the lack of a unified approach to the hierarchy of sources of law, in particular when resolving conflicts of forms of their consolidation. The main attention in the article is paid to determining the place of international law in the system of national law sources. The problem of sources of law consistency is one of the most important

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Menegatti, Emanuele, and Tamás Gyulavári. "Who Regulates Employment? Trends in the Hierarchy of Labour Law Sources." International Journal of Comparative Labour Law and Industrial Relations 38, Issue 1 (2022): 31–52. http://dx.doi.org/10.54648/ijcl2022002.

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The hierarchy of labour law sources plays an important role in shaping the employment protection afforded by national labour law. This article provides a comparative overview of the global trends in the relation between the different layers of employment regulation. To this end, it considers three cluster of countries, respectively the European coordinated market economies, the liberal market economies and the European post-socialist countries. This analysis will make it possible to identify common patterns of transformation of the hierarchy of sources, indicating the current direction of labo

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4

CISKO, L. "Hierarchy of Application of Sources of Law in Private Law Codes – Considerations of the Use of Analogy de Lege Ferenda." JOURNAL OF THE NATIONAL ACADEMY OF LEGAL SCIENCES OF UKRAINE 25, no. 3 (2018): 222–29. http://dx.doi.org/10.31359/1993-0909-2018-25-3-222.

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Muktarbekov, M. M. "International Treaties and Their Relationship to Other Sources of Law in the Kyrgyz Republic." Vestnik Povolzhskogo instituta upravleniya 23, no. 1 (2023): 13–21. http://dx.doi.org/10.22394/1682-2358-2023-1-13-21.

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The article studies international treaties through the prism of their relationship with other sources of law in the Kyrgyz Republic, namely the place of international treaties in the system of sources of law, as well as its influence on the development of national law in the state. The conclusion is made that there is a mutual influence of the considered legal systems, and the place of international treaties that they occupy in the hierarchy of sources of domestic law of the Kyrgyz Republic is determined.

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Fatma, Ulafa, and Koko Komarudin. "HIERARKI PERATURAN PERUNDANG-UNDANGAN HUKUM EKONOMI SYARIAH DALAM PERBANKAN SYARIAH." al-Rasῑkh: Jurnal Hukum Islam 13, no. 1 (2024): 85–96. http://dx.doi.org/10.38073/rasikh.v13i1.1668.

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Legal hierarchy is a term used for a legal structure that is tiered to become the basis for the authorities authorized to form it. Low norms are based on high norms, so that low (inferior) norms do not conflict with higher (superior) norms. The basis of the highest hierarchical sharia law is Islamic law, then other laws refine and are formed based on previous laws. This research uses a library research approach, with a qualitative descriptive method, looking for relevant sources related to the problem and then describing the data to describe the regulatory framework for Islamic economic law fo

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Botantsov, Ioann, Yuriy Potapov, and Darya Pashentseva. "Hierarchy of sources of law in the Russian Empire after the introduction of judicial statutes of 1864." OOO "Zhurnal "Voprosy Istorii" 2022, no. 7-1 (2022): 111–18. http://dx.doi.org/10.31166/voprosyistorii202207statyi26.

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The article raises the question of changes in Russia’s system of sources of law, as the most crucial factor in improving justice during the Judicial Reform of 1864, gives new historical data regarding the application of laws, customs, and precedents in practice. Consequently, the authors conclude that the judicial reform undermined the emperor’s monopoly on creating the sources of law and underpinned the formation a new system of sources of law based on the legality and democracy.

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Smyk, Grzegorz. "Instrumentalizacja procesu legislacyjnego w carskiej Rosji i jej wpływ na specyfikę rosyjskiego systemu źródeł prawa." Czasopismo Prawno-Historyczne 65, no. 2 (2018): 145–64. http://dx.doi.org/10.14746/cph.2013.65.2.06.

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The legislative mechanism of the Russian Empire and related to it types and hierarchy of the sources of law has always been, and continues to be, a controversial issue, giving rise to numerous polemics. This is because the very essence of the autocratic rule in the Russian Empire makes it impossible to accurately distinguish between the legislative and the executive powers. The lack of transparency of the hierarchy of sources of law also means that every attempt the Russian theorists of state and administrative law make to identify and clarify those sources is always deemed to fail. The politi

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Mazumdar, Abhijit. "Pakistan media: Unnamed sources reveal political crises and law and order problems." Central European Journal of Communication 9, no. 2 (2016): 213–28. http://dx.doi.org/10.19195/1899-5101.9.2(17).5.

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Journalists use sources to accord credibility to their news stories. However, they use unnamed sources when they feel the sources would be harmed for revealing information to the media. This qualitative study analyzes news from unnamed sources in political stories in Pakistani media. It uses grounded theory to find common themes in the news obtained from unnamed sources. The common themes found in the study were about political crises, and breakdown of law and order in Pakistan. The author discusses the ways in which unnamed sources were used in the stories. Many unnamed sources gave views tha

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10

Ihsanul Maarif. "Strategies of Omnibus Law Under the Hierarchical Legislation Framework: A Review of Theoretical and Practical Implications." Journal of Law, Politic and Humanities 5, no. 1 (2024): 304–13. https://doi.org/10.38035/jlph.v5i1.827.

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The implementation of the Omnibus Law in Indonesia, particularly the Job Creation Omnibus Law, has raised several challenges related to the principles of the hierarchy of legislation and legal certainty. The Omnibus Law, which combines various regulations from different levels of law without regard to hierarchical order, has the potential to create legal uncertainty, undermine the legal order, and reduce protections for workers' rights and the environment. This study aims to examine the compatibility of the Omnibus Law method with the principles of Indonesia's hierarchy of legislation and iden

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11

Vasiliev, Anton A. "Legal doctrine as a source of law in Russia and Bulgaria: comparative aspects." Gosudarstvo i pravo, no. 7 (2022): 30. http://dx.doi.org/10.31857/s102694520020994-4.

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The article examines the comparative aspects of the use of legal doctrine as the source of law in Russia and Bulgaria. The authors analyze the approaches to determination the place of legal doctrine in the system of sources of law and offer the definition of the “legal doctrine”. Also, the authors highlight the merits of recognizing legal doctrine as the source of law, but emphasize the potential danger of excessive ideologization of the legal system. Authors conclude that it is obligatory to consolidate the legal doctrine as the source of law, defining the conditions for its operation and est

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Jannah, Nur, Syarifa Aini, Mhd.Ilham Hidayat Rastami, and Sri Hadiningrum. "Perbandingan Sistem Hukum Civil Law." Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2, no. 1 (2024): 331–142. https://doi.org/10.59581/doktrin.v2i1.2472.

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The third source of law referred to in the civil law system is jurisprudence. When argued that customary law applies to all members of society as a whole not directly, but through jurisprudence. However, the position of jurisprudence as legal sources in the civil law system have not long been accepted. This was caused by the view that rules of conduct, especially statutory rules, are aimed at to regulate the existing situation and avoid conflict, thus the rules made for matters after the law was enacted. Law in p This is a guideline regarding what can and cannot be done. The forms of legal sou

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Cryer, Robert. "Royalism and the King: Article 21 of the Rome Statute and the Politics of Sources." New Criminal Law Review 12, no. 3 (2009): 390–405. http://dx.doi.org/10.1525/nclr.2009.12.3.390.

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This article argues that the drafters of the Rome Statute, in their desire to hem in the interpretative mandate granted to the judges of the ICC, have created an unfortunate relationship between the sources of international law in the Court. This has come about because of the creation of a hierarchy of sources in Article 21 of the Statute, which does not comport with general international law or the rules of treaty interpretation. Through an analysis of the use of the various sources of international law in the Al-Bashir case, the article shows how this can distort the definitions of internati

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14

Dolinskaya, V. V. "Novelties of Civil Legislation about Meetings and their Decisions." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 11 (2022): 76–86. http://dx.doi.org/10.17803/2311-5998.2021.87.11.076-086.

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The changes in the civil legislation of Russia on the issues of assemblies and their decisions are systematized and analyzed. The legal nature and interrelation with other phenomena, categories are revealed: replacement of the term “voting” on the concept of “session” (from the standpoint of activity, legal facts, corporate governance, the rights of participants in corporations); the legalization three orders of magnitude of decision-making meetings (from the standpoint of legal logic and hierarchy of sources of law); the legalization of remote presence at the meeting (from the standpoint of d

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15

Chrobak, Kinga, and Wiktoria Burek. "Ustawodawstwo covidowe w świetle hierarchii źródeł prawa w Polsce – wybrane aspekty." Rocznik Administracji Publicznej 8 (December 30, 2022): 25–39. http://dx.doi.org/10.4467/24497800rap.22.002.16778.

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The aim of the article is to discuss legal solutions adopted in response to the spreading SARS-CoV-2 virus pandemic and their location in the hierarchy of sources of law in Poland. Selected legal regulations adopted in connection with the announcement of the COVID-19 virus epidemic have been analysed. The assessment of compliance of Covidian sources of law with the hierarchy of legal acts indicated by the Constitution is made through an analysis of the introduced restrictions, such as: the obligation to cover mouths and noses, closure of catering establishments or restrictions on their operati

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16

Gregorczuk, Karol. "Podstawowe aspekty wykładni prawa w chińskim porządku prawnym." Gdańskie Studia Azji Wschodniej, no. 20 (2021): 7–22. http://dx.doi.org/10.4467/23538724gs.21.003.14835.

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Basic aspects of legal interpretation in the Chinese legal order Chinese legal culture was shaped in a different way than Western legal culture, these differences have a significant impact on the rule of law, fundamental rights and democracy in contemporary China. Legal interpretation is one of the formal sources of law in China. The authority to interpret legislation is usually characterized as a legislative rather than a judicial function. The Standing Committee of the National People’s Congress (NPC), the State Council and the Supreme People’s Court have a special role in interpretive activ

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17

POPESCU, Corneliu-Liviu. "Les règles juridiques applicables au clergé militaire." Analele Universitării din București Drept - Forum Juridic 2, no. 2024 (2024): 194–206. https://doi.org/10.31178/aubd-fj.2024.2.11.

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In the current political and constitutional system, the military clergy is a legal institution governed successively by a government ordinance, then by a law, adopted at almost the same time, resulting in the need for systematic interpretation of both legislative sources. Primary rules are developed by administrative regulations at governmental and ministerial level, but the hierarchy of these secondary and tertiary sources does not always correspond to the importance of the matter governed.

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POPESCU, Corneliu-Liviu. "Les règles juridiques applicables au clergé militaire." Analele Universitării din București Drept - Forum Juridic 2, no. 2024 (2024): 194–206. https://doi.org/10.31178/aubd-fj.2024.02.11.

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In the current political and constitutional system, the military clergy is a legal institution governed successively by a government ordinance, then by a law, adopted at almost the same time, resulting in the need for systematic interpretation of both legislative sources. Primary rules are developed by administrative regulations at governmental and ministerial level, but the hierarchy of these secondary and tertiary sources does not always correspond to the importance of the matter governed.

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19

Adamczyk, Jerzy. "Źródła i przedmiot nauczania katechetycznego w ujęciu prawa kanonicznego." Poznańskie Studia Teologiczne, no. 30 (August 24, 2018): 463–75. http://dx.doi.org/10.14746/pst.2016.30.23.

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The following article deals with the sources and subject of religious teaching from the canon point of view. Canon Law Code 760 specifies the Holy Bible as the first and primary source of religious education. The next fundamental source of cathesis is Tradition, then, the liturgy and the Magisterium and Church life. The subject of word ministry (religious education) should be the mystery of Christ presented entirely and faithfully, taking the law hierarchy into account.

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20

Benacchio, Gian. "European law, national law and (un)certainty of law." Revija Kopaonicke skole prirodnog prava 2, no. 2 (2020): 155–77. http://dx.doi.org/10.5937/rkspp2002155b.

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One of the fundamental values of any legal system is the principle of certainty of law, whose highest expression is its encoding in the various bodies of law. However, today this value is strongly, albeit inadvertently, called into question by the European Union - in particular, by a set of principles, and related mechanisms, designed to ensure uniformity of law across the EU Member States. These include the principle of primacy of EU law over the laws of its Member States, the principle of the disapplication of national laws that are incompatible with EU law (including the provisions of direc

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21

Lavaert, Sonja. "Law and Freedom." Roczniki Filozoficzne 72, no. 3 (2024): 7–34. http://dx.doi.org/10.18290/rf24723.1.

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In this article, the focus will first be on the distinction Spinoza makes in his Tractatus theologico-politicus on the different strivings of human beings and the two different conceptions of law—natural and ad arte—in relation to freedom. Proceeding from these distinctions and Spinoza’s objective with his philosophical enquiries, I will then consider whether a change occurs between the earlier TTP and the later unfinished Tractatus politicus. Both texts are marked by a naturalist turn, the indifference of religion, moral neutrality, the identification of right and power and the denial of natu

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22

Michowicz, Przemysław. "La giurisprudenza come fonte del diritto canonico Jurisprudence as a Source of Law." Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II 14, no. 1 (2024): 229–42. http://dx.doi.org/10.15633/pch.14114.

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Starting with such a provocative title, the essay aims to answer the question of whether jurisprudence can be considered as a source of law in the canonical judicial system. In order to achieve the objectives of the present work, it is proposed not to observe a traditional path followed by those who interpret the provision of canon 19 of the current Code of Canon Law, but rather to consider jurisprudential creativity which represents, in its various manifestations, an unavoidable feature of legal experience. This premise helps to reconsider the source concept of law and systematizes the role o

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Popko, V. V., and E. V. Popko. "Systematic hierarchical nature of sources of international criminal law: methodological aspects." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 375–84. http://dx.doi.org/10.24144/2307-3322.2021.65.68.

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The article considers the sources of international criminal law and notes that the system of sources of this branch is based on the principles of building a system of sources of international law as a whole. Based on the provisions of Article 38 of the Charter of the International Court of Justice, in which the main sources of international law (international conventions, international custom, general principles of law) are enshrined, current trends in the theory of sources of law from a broad approach are taken into account. Emphasis is placed on such features of the sources of law as structu

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Eremin, S. G. "Modern system of sources of financial law in Russia." Journal of Law and Administration 17, no. 2 (2021): 42–52. http://dx.doi.org/10.24833/2073-8420-2021-2-59-42-52.

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Introduction: the article deals with the modern system of sources of financial law in Russia. This article proves that the system of sources of financial law is a complex, multi-level, hierarchical and dynamic formation characterized by a variety and specific diversity of elements, which is not arbitrary or random.Materials and methods. The methodological basis for this research is a set of methods of scientific knowledge: the analytical method, the method of synthesis and generalization of information. The study of this problem is based on the use of various methods of general scientific and

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Nurjamil, Nurjamil. "The Existence and Development of Compilation of Sharia Economic Law (KHES) and Its Urgency in Resolving Sharia Economic Law Disputes in Indonesia." Ipso Jure 1, no. 3 (2024): 15–27. http://dx.doi.org/10.62872/42056d19.

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This research delves into Sharia Economic Law (KHES) as a regulatory framework for resolving Sharia economic disputes in Indonesia, examining its historical, political, and philosophical dimensions alongside its practical urgency. Employing a qualitative literature review, it analyzes secondary data from various sources such as books, journals, and research findings to elucidate KHES's development and its significance in dispute resolution. KHES was established in response to Law No. 3 of 2006, which expanded the jurisdiction of Religious Courts in Sharia economic matters. It harmonizes divers

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Jacobs, Bas. "Article: An Institutional Law Analysis of the European Commission’s EU Space Law Proposal." Air and Space Law 49, Issue 2 (2024): 135–64. http://dx.doi.org/10.54648/aila2024016.

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This article unpacks the proposal put forth by the European Commission in the 2023 Space Strategy for Security and Defense to establish an European Union (EU) space law for security, safety, and sustainability, and harmonise the national space laws of the Member States in these three domains. It takes a critical look at how the EU could create a harmonious EU space law within the constraints of its institutional framework and what such a law would mean for the EU and the Member States in terms of the legal hierarchy of sources, national law, enforcement in domestic courts, or referral to the C

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Petrenko, Anatoliy Anatoliyovych. "Sources of law of the European Union: concepts and specifics." Alʹmanah prava, no. 15 (September 1, 2024): 391–98. https://doi.org/10.33663/2524-017x-2024-15-391-398.

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The article is devoted to the study of the peculiarities of the sources of law of the European Union. It is emphasized that the quantitative and qualitative specificity of the sources of law in the European Union is determined by the uniqueness of its legal system, which determines the diversity of their classification, hierarchy and application at the national and supranational levels. It is noted that the most widespread in modern scientific literature is the dichotomous division of the law of the European Union into primary and secondary, in connection with which the sources of «primary» an

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Yakusheva, N. G. "THE LAW AS A SOURCE OF LAW OF MODERN LEGAL RUSSIAN STATE." Bulletin of Udmurt University. Series Economics and Law 29, no. 6 (2019): 911–16. http://dx.doi.org/10.35634/2412-9593-2019-29-6-911-916.

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Among the many sources of modern law, the author considers the law as the main source of law for most modern states. The nature of this source of law in modern Russia is investigated, its main features are highlighted. A specific feature of the modern development of Russian legislation is noted - the adoption of laws is aimed at transformations, reforms, and the introduction of new legal decisions. A comparative description of legislation and law is presented. It is concluded that the legislation is characterized by systemic properties derived from the quality and dynamics of social relations,

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Albert Limbong Sintong and Tasya Darosyifa. "Pancasila as a Legal Political Paradigm: Implications for the Judicial System and Law Enforcement in Indonesia." Jurnal Hukum dan Sosial Politik 2, no. 4 (2024): 110–22. https://doi.org/10.59581/jhsp-widyakarya.v2i4.4287.

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Pancasila as a grundnorm plays an important role in the legal political paradigm in Indonesia as the basis for the formation of the legal system. All laws in Indonesia must be based on Pancasila as the source of all legal sources. The main issue studied is the extent to which Pancasila influences the legislative process and legal policies to realize a fair judicial system, as well as how its values can reform the judicial system and improve the quality of law enforcement. This study uses a normative method with a conceptual approach supported by the analysis of the hierarchy theory of legal no

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Hongler, David. "The International Court of Justice and Territorial Disputes: an Updated Systematization." Max Planck Yearbook of United Nations Law Online 26, no. 1 (2023): 250–81. https://doi.org/10.1163/18757413_02601013.

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Abstract Over the course of the past 75 years, the International Court of Justice (ICJ) has adjudicated a total of 17 territorial disputes, building a considerable body of case law along the way. While the Court has shed light on many legal issues concerning territorial sovereignty over the years, it has never clarified its approach to territorial disputes. Bridging the gap between a 2004 analysis by Brian Sumner, who identified a three-tiered hierarchical decision rule, and modern territorial doctrine, this study aims to provide an updated attempt at systematization of the Court’s approach in

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PANDEY, SHIVAM, and Naginbhai Swaraj Bhargav. "SOURCES OF INTERNATIONAL LAW CONSIDERING THE INTERNATIONAL COURT OF JUSTICE'S ARTICLE 38." LEX SCRIPTA MAGAZINE OF LAW AND POLICY 02, no. 01 (2024): 1–14. https://doi.org/10.5281/zenodo.10774728.

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Among the most important formal origins of contemporary foreign treaties and agreements constitute law occasionally referred to as traditional resources. Formally speaking, When it comes to defining rights and obligations under international law, they are the most reliable source, but they are also the source that is most generally applicable and originating (producing force of application). Any analysis of the foundations as the body of international law acknowledged authoritative declaration of Article 38 of the International Court of Justice's Statute enumerate

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Selin, Adrian A., and Ilona V. Iablokova. "Courts and Court Hierarchy in Novgorod the Great in the Late 16–Early 17th Centuries." Canadian-American Slavic Studies 54, no. 4 (2020): 432–45. http://dx.doi.org/10.30965/22102396-05404004.

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Abstract Daily legal practice in local centers of Muscovite Rus’ before the publication of the Law Code of 1649 (Sobornoe Ulozhenie) has been poorly studied. This article uses comparative analysis to study two groups of sources about the legal process and law enforcement in Novgorod the Great in the late 16th–early 17th centuries. The analysis illuminates a complicated hierarchy of legal levels. At the same time, the competences of the courts at each level were not always clearly defined, which corresponds to the ideas formulated by N.S. Kollmann in her study on crime and punishment in Muscovy

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Svoboda, Pavel. "Postavení mezinárodních smluv v právu Evropských společenství." AUC IURIDICA 50, no. 1 (2025): 111–25. https://doi.org/10.14712/23366478.2025.35.

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This article is focused on legal problems arising from the fact that international agreements concluded by the European Community have been acknowledged by the European Court of Justice to form one of the sources of EU law, situated – as to the hierarchy of sources of law – between primary and secondary law. From the point of view of the non-European contracting party, these international agreements are merely usual international agreements. However, in order to fulfil the task of a connecting bridge between the international law and Community law, these international agreements have to abide

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Mahncke, Hans, and Anne Scully-Hill. "The Emergence of the Doctrine of Stare Decisis in the World Trade Organization Dispute Settlement System." Legal Issues of Economic Integration 36, Issue 2 (2009): 133–56. http://dx.doi.org/10.54648/leie2009010.

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It is widely held that the common law doctrine of stare decisis, which recognizes judicial decisions as sources of law, applies neither to international law in general nor to World Trade Organization (WTO) law specifically. However, in practice, the WTO’s judicial decision-making processes might be said to manifest some of the key characteristics of the common law doctrine of stare decisis. The present study examines the key values and processes related to stare decisis, including consistency and certainty of law, identification of the ratio decidendi of a case and the rules of vertical and ho

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Gunawan, Made Gerry, and I. Nyoman Bagiastra. "THE PROBLEM OF THE RE-EXISTENCE OF MPR DECREES AS A TYPE AND HIERARCHY OF LEGISLATION IN INDONESIA." POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 3 (2023): 243–49. http://dx.doi.org/10.55047/polri.v2i3.687.

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The Decree of the People's Consultative Assembly, also known as MPR Decrees, contains decisions made by the People's Consultative Assembly. The presence of MPR Decrees has undergone various system dynamics within the hierarchical order of legislation in Indonesia. Law Number 12 of 2011 on the Formation of Legislation reintroduces MPR Decrees as a type and hierarchy of law and regulation, reversing the previous law, Law Number 10 of 2004, which abolished the MPR Decrees from the structural hierarchy. The re-existence of MPR Decrees in the Indonesian legislative system has implications for the o

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Micińska, Magdalena. "Constitutional Sources of Law in the Russian Federation on the Basis of Acts Regarding the Conservation." Law and Administration in Post-Soviet Europe 6, no. 1 (2019): 73–83. http://dx.doi.org/10.2478/lape-2019-0007.

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Abstract The constitutional catalogue of the sources of law, clear and unambiguous division of acts into commonly binding and internal ones, is of fundamental meaning for the realization of the state of law rules, i.e. legalism and the rule of law, from the perspective of European democracies. Since it is the essence of every democratic legislation to base its functioning on the law established by organs that have been assigned for that aim, binding its addressees and executed by public authorities, also with the use of the means of coercion. This article aims at presenting the outline of the

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Jackiewicz, Andrzej. "Ustawa organiczna a la española – uwarunkowania konstytucyjne i miejsce w hierarchii hiszpańskich źródeł prawa." Przegląd Prawa Konstytucyjnego 81, no. 5 (2024): 181–93. https://doi.org/10.15804/ppk.2024.05.13.

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The article analyses the constitutional prerequisites defining organic laws as a Spanish source of law. It identifies the material and formal criteria identifying organic laws and examines how they relate to each other, particularly in the context of the principle of reserved matters and the importance of the procedure for enacting organic laws in situations of conflict with ordinary laws. In view of the fact that the Constitution of the Kingdom of Spain does not expressly indicate the place of the organic law in the hierarchy of sources of law, the article, based on the findings of Spanish co

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Свирин, Ю. А. "Международный договор как источник международного частного права: теоретико-правовые проблемы". СОВРЕМЕННОЕ ПРАВО, № 1 (2 лютого 2022): 98–102. https://doi.org/10.25799/ni.2022.92.58.015.

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В статье исследуется вопрос о гносеологической сущности международного договора, выступающего в качестве источника международного частного права. Автор с учетом последних изменений в Конституции Российской Федерации определяет место международного договора в иерархии источников права. В статье также уделяется внимание вопросам подготовки международного договора и его ратификации. The article explores the question of the epistemological essence of an international treaty, acting as a source of private international law. The author, taking into account the recent changes in the Constitution, def

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Gera, Anton. "The Right to Work in International and National Law in the Time of Globalization." Interdisciplinary Journal of Research and Development 11, no. 1 S1 (2024): 123. http://dx.doi.org/10.56345/ijrdv11n1s119.

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Work is not a commodity like all other commodities, but it is an emanation of the human person. For this reason, its value is higher than all other things. With the beginning of industrialization, in addition to state measures for the protection and education of work, the workers joining forces in mutual unions have done everything to oppose the inferiority of the labor factor to capital. It should be emphasized that the right to work is not a subjective right that you can claim in court in case of non-realization, but it is a principle that the State through policies must be committed to crea

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Papadima, Raluca. "Codes and Model Laws: A EU-US Comparison of Their Role in Shaping Company Law." European Company Law 19, Issue 2 (2022): 40–46. http://dx.doi.org/10.54648/eucl2022007.

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This article analyses the particular role played by soft law instruments (such as codes of corporate governance, codes of conduct, model law and other non-binding instruments) in sharping the legal framework applicable to European and American companies. It concludes that soft law is a very popular and successful girl nowadays, for legitimate reasons, but one that brings about a series of concerns as well. This article finds that soft law instruments upset the traditional hierarchy of sources of law and the distinction between civil law and common law countries. It also observes that soft law

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Mańko, Rafał. "PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ." Zeszyty Prawnicze 3, no. 1 (2017): 139. http://dx.doi.org/10.21697/zp.2003.3.1.05.

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ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law

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Savranskiy, Mikhail Yu, and Yulia A. Lovenetskaya. "The Role of Soft Procedural Law Sources in the Regulation of International Arbitration." Zakon 20, no. 6 (2023): 146–60. http://dx.doi.org/10.37239/0869-4400-2023-20-6-146-160.

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The contractual nature of international arbitration and the possibility of the disputing parties to regulate to a large extent the procedure for consideration of disputes have created conditions for the development and successful introduction into practice of a significant number of recommendatory documents, systematically summarizing advanced practices for resolving certain groups of issues arising within the arbitration process. Such documents, playing, as a rule, the role of auxiliary, optional sources of international arbitration and defined as rules, principles, protocols, recommendations

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Babin, I. I., and L. I. Vdovichena. "Hierarchical connection in the system of sources of EU tax law." Uzhhorod National University Herald. Series: Law 2, no. 87 (2025): 318–22. https://doi.org/10.24144/2307-3322.2025.87.2.47.

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The article examines the hierarchical structure of the EU legal sources system and the interconnections between them, with a particular focus on tax law. It explores the institutionalization of values within the European legal system and the mechanisms through which these values are codified and implemented. The study emphasizes the necessity of properly incorporating EU legal norms into the national tax legislation of member states to ensure the uniform application of harmonized tax rules. Special attention is given to the pursuit of systematization and structuring in tax law, which is an ind

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Lachowicz, Paweł. "The Title Hierarchy of the Last Komnenoi and the Angelos Dynasty – from Sebastohypertatos to Sebastokrator." Studia Ceranea 11 (December 30, 2021): 283–300. http://dx.doi.org/10.18778/2084-140x.11.14.

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The system of dignities introduced by Alexios I Komnenos was an answer for the need of a new reformed title hierarchy, adequate for aristocratic model of exercising power. It served as a clear manifestation of the special privileged position of emperor’s kinsmen. The titles granted to those relatives and affines can be traced accurately up to the reign of Manuel I. So far, however, little space has been devoted to the analysis of that system during the Angelos dynasty.It is often generally assumed following Niketas Choniates testimony, that the title hierarchy in the late 12th century suffered

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Soon, Joel. "Jurisdictional Conflict Between the World Trade Organization and Regional Trade Agreements: Res Judicata Revisited." Journal of World Trade 56, Issue 6 (2022): 899–914. http://dx.doi.org/10.54648/trad2022037.

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This article discusses the long-standing issue of jurisdictional conflict in World Trade Organisation (WTO) jurisprudence, which has, in the recent decades, been exacerbated by the proliferation of Regional Trade Agreements (RTAs). An examination of WTO jurisprudence reveals that jurisdictional conflict stems from the lack of choice of forum clauses in WTO-covered agreements, and the lack of a hierarchy of sources in international law. While there exists legal basis for the application of general principles of international law such as res judicata, a careful analysis demonstrates that there i

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Фостиков, Александра. "ОРГАНИЗАЦИЈА ЗАНАТСТВА У УРБАНИМ ЦЕНТРИМА СРЕДЊОВЕКОВНЕ СРБИЈЕ ORGANIZATION OF CRAFTSMEN IN URBAN CENTERS OF MEDIEVAL SERBIA". Историјски часопис, № 70/2021 (30 грудня 2021): 91–115. http://dx.doi.org/10.34298/ic2170091f.

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Various forms of organization of craftsmen existed in the territory of medieval Serbian countries, in the form of either public or private law relations. While based on numerous data it has been established that there was business cooperation and even association between domestic traders and craftsmen, the issue of formal legal organization of craftsmen in urban centers is less clarified due to poorly preserved sources. In this paper, based on the available parallels, the existing data from written or material sources have been reconsidered. Against such a broad background, it was possible to

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Muh. Aqsho Che Athoriq. R, Ferdiansa Putra, Rangga Mahesa, and Kurniati Kurniati. "Istinbath Hukum Imam Syafi’i dalam Pemecahan Kasus Pelecehan Seksual di Indonesia." Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2, no. 3 (2024): 384–97. http://dx.doi.org/10.55606/birokrasi.v2i3.1385.

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This study examines the legal istinbath method applied by Imam Syafi'i, especially in the context of solving sexual harassment cases in Indonesia. Legal identity, which etymologically means the excavation of law by deep reasoning, is used to determine the law in matters that are not directly regulated by the Qur'an and Hadith. Imam Shafi'i, through his major works such as "Al-Umm" and "Al-Risalah," explains the basic principles and methodologies used to establish the law by incorporating the main sources of Islamic law, namely the Qur'an, Hadith, Ijma', and Qiyas. This study uses a qualitative

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Maj, Przemysław, and Aneta Kowalczyk. "Instrumentalne podejście do Konstytucji z 2 kwietnia 1997 r. – „walka o konstytucję” jako polityczny kamuflaż w sporach aksjologicznych w Polsce (2015–2021)." Przegląd Prawa Konstytucyjnego 69, no. 5 (2022): 53–65. http://dx.doi.org/10.15804/ppk.2022.05.04.

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From the perspective of an external observer, the Polish dispute over the 1997 Constitution concerns the question of compliance with the applicable constitutional norms and more generally, the rule of law. However, looking at this dispute through the prism of axiology, it is possible to put forward the thesis that both sides of the political conflict (the government and its opposition) instrumentalised the ‘fight for the constitution’, treating it as one of the tools for achieving political goals. Those taking part in it pursued opposing political values, while the constitution itself, the rul

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Trikoz, Elena N. "MILITARY-ESTATE CODES IN MEDIEVAL JAPAN: ERA OF THE FIRST SHOGUNATES." RUDN Journal of Law 24, no. 4 (2020): 965–84. http://dx.doi.org/10.22363/2313-2337-2020-24-4-965-984.

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The phenomenon of clan-regional rulemaking during the military-oligarchic regime in medieval Japan is studied for the first time. The purpose of the study was a comparative analysis of the texts of the largest princely codes of daimyo and military houses, as well as the norms of the Bushido code . The analysis was carried out on the basis of historical-genetic and synchronous-logical methods using Japanese primary sources with a survey translation, as well as scientific and abstract materials of Japanese, English and Russian medieval studies. Among the results achieved, a typology and hierarch

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Neuheuser, Hanns Peter. "Die Präzedenz der Stiftsdignitäre vor den Domkanonikern." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 106, no. 1 (2020): 196–262. http://dx.doi.org/10.1515/zrgk-2020-0008.

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AbstractThe claim of prelates of collegiate churches to precede the canons of cathedrals. The fundamentals of ritual precedence in medieval times. The pluralistic stratification of the ecclesiastical hierarchy is mirrored in accumulated appearances of the office-bearers during synodal congregations by attending liturgy in the choir stalls as well as by walking in procession. Conflicts relevant to liturgical law and discipline concern claims to precede. The present investigation deals with the relationship between high prelates (provosts, deans) of institutes of secular canons and the simple me

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