ENG ELC 220 Lecture Notes - Lecture 29: Lex Specialis, Post-Soviet States, Peremptory Norm
30 Sep 2020
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Document Summary
Iel chapter 3 - hierarchy of norms in il. Il = a content-based, horizontal syst of rules. Municipal law=has a hierarchy of norms based on the particular source whence norms derive. Establishing a hierarchy of norms + sources = can elevate fundamental principles over ordinary" norms + to establish order and clarity in relations btw norms, authoritative institutions, and legal subjects. Il = is content-based, w/o a centralized lawmaker. So it"s difficult to see which norms are more important and would prevail in case of conflict, since art. However, il has few general principles to resolve a conflict btw competing rules of the same order (equivalent norms contained in a primary source): Lex posterior (= later norms supersede earlier norms) Lex specialis (= a special rule may prevail over a general rule) Peremptory norms" = norms of jus cogens = possess a higher status to ordinary rules of il, and they would prevail in cases of conflict.
