Nivel Sub Legal De La Piramide De Kelsen

The Kelsen pyramid is divided into three levels, the highest level represents the highest standards for the others, since the level lowers the legal norms of lower rank than those of the highest, later we will explain what are the norms that are placed in the different positions and how they are organized. Explanation of the levels of the pyramid: base, straight and base. The Kelsen pyramid allows us to understand the legal system based on the hierarchy of norms, as we have already said. This pyramid stems from the need to have a system that orders the hierarchy of norms and laws that are put in place to govern a nation. In principle, Kelsen raises the hierarchy, i.e. the levels of norms, and then the pyramid appears as such, based on Kelsen`s approaches. This level is intermediate in Kelsen`s pyramid, it corresponds to the level at which the laws are located; Laws are characterized by the fact that they have a global scope, that is, all are subject to it, there are different laws with specific characteristics and objectives, we will mention them in general below. In Kelsen`s pyramid, the constitution is the highest level, followed by legislative or administrative acts. It is the top of the pyramid, formed by the Magna Carta, the national constitution or the basic legal text from which all other laws and regulations emerge. This is the key text where no legal institution has a hierarchy. The Kelsen pyramid, Kelsen pyramid or pyramid of the legal hierarchy is the graphical representation of the legal system through a pyramid divided into different layers or levels. It represents a vertical relationship between the different legal norms, as understood by the Austrian jurist and philosopher Hans Kelsen (1881-1973) from the positivist doctrine.

It always has preferential application to the law, they can never violate the content” among others. Finally, it is important to stress that no action that violates the legal level can be regulated at this level. It is a standard with the rank of law that allows the government to take immediate action, it can regulate functional sectoral activities, multisectoral functional activities at the national level. Supreme decrees are usually issued by the executive branch, they have the character of a law, later Congress can analyze them to keep them in force, repeal, amend them or not. It is in an intermediate stage and can be divided into several sub-levels, along which the series of laws that make up life within the constitutional framework (below) is hierarchically ordered, from the most (the highest) to the least fundamental. At this stage, in addition to treaties, there are laws of a national and local character. Verdu, P. L. (1986).

Stufentheorie des Rechtssystems by Hans Kelsen. Revue d`études politiques (Nouvelle époque), 66. Riofrío Martínez-Villalba, Juan. (2013). From Kelsen-Piamid to the Inverted Pyramid. REDESG / Journal Direitos Emergentes na sociedade global. 2. 436-461. 10.5902/2316305413007.

The pyramid explains the hierarchy or order of meaning of legal norms. Normally, at the top of the regulations is the Constitution or Magna Carta, from which the rest of the laws flow; At a lower level are the organic laws, then the ordinary laws; In a step below, you will find other types of laws, such as legislative decree; Finally, at the base of the pyramid would be normative regulations. [4] In Peru, there is a hierarchical system of legal norm represented in the Kelsen pyramid, the constitution being the highest level of this pyramid. The third level, called by many the “sublegal” level, contains the rest of the rules and regulations of lower rank than the Constitution and laws. At this level, there are rules that are issued to maintain order and enforce certain obligations. For example, according to the standards of this level, we can make ministerial decisions, policy decisions, etc. Also mention others below, such as contracts, judgments, wills, etc. It is located at the end of the pyramid. It is the broadest, because it contains the judgments of the judicial bodies, which are much richer compared to the previous stages, but at the same time less fundamental. Kelsen`s pyramid graphically represents the idea of a graduated legal system. According to Kelsen, the system is nothing more than how a set of legal norms are related, and the main way to connect them within a system is based on the principle of hierarchy.

That is, the rules that make up a legal system are related to each other according to the principle of hierarchy. Imagine a step pyramid: because at the top of the pyramid would be the constitution of a state, in the rung immediately below the laws, in the lower level following the regulations, and so on, until the base of the pyramid is reached, which is composed of judgments (individual legal norms). The Kelsen pyramid is a legal system in the form of a pyramid used to represent the hierarchy of laws over each other. It is divided into three levels: the basic level (constitution), the legal level (organic and special laws, ordinary laws and legislative decrees) and the basic level (regulations, ordinances and judgments). As it approaches the base of the pyramid, it expands, which means there are more legal norms. Advertising In the case of the application of the Kels pyramid to the Venezuelan legal system, we could name three levels, namely fundamentality; Legal and sub-legal.