– Standards with the rank of law emanating from the executive (government): Royal Legislative Decree and Royal Legislative Decree. Of course, rules issued by bodies other than the courts will not have the same rank. For example, an organic law will have a higher rank than a royal decree-law, because the promulgation of the former requires the support of an absolute majority in the Chamber of Deputies, while a royal decree is promulgated by a government and not by the Cortes Generales. Laws may be ordinary or organic, but the Constitution recognizes the two aforementioned norms by the law of force, which are normative texts derived from the executive rather than the legislative framework, so that they cannot be officially considered laws, although they may have similar attributes in terms of normative hierarchy. The Kelsen pyramid graphically represents the graduated legal system. According to Kelsen, the system is linked in a number of legal norms, in other words, it is a system based on the principle of hierarchy. The expression “having the force of law” or “material force of law” means that a normative act, which is not formally a law because it has not been promulgated by Congress, nevertheless has the same hierarchical rank of laws because of the source system developed in the Charter and can therefore abrogate and form legal norms as law. which is the legal system of a territory. Therefore, the rule of law can be an obligation or a prohibition. For example, no smoking in the hospital. The position taken by norms that are just below the Constitution and depend on it in principle has the force of law.
According to the normative hierarchy, the preferences of some standards over others are established, and this preference also makes it possible to establish other criteria, as is the case with the validity of a particular standard based on or reflected in another previous standard considered superior. The norms with the rank of law are regulatory standards such as the Royal Legislative Decree and the Royal Legislative Decree. The Royal Decree-Law differs from the laws in that, in this case, they are promulgated by the government and not by the parliament. This structure, from the most important to the least important, defines the rank of a standard. The principle of hierarchy implies that a norm of lower rank cannot contradict or violate, which justifies a higher rank as provided for by the Civil Code. This means, for example, that no law, decree or other type of norm promulgated in Spain, regardless of its content or geographical scope, can contradict or violate the provisions of the Spanish Constitution, which is the main norm of the legal system. In conclusion, it should therefore be said that the strength of the law relates to the possibility of changing the legal system and the possibility of being repealed at a later date or not. And the rank of the law is a manifestation of the principle of hierarchy, which gives the law the “value of the law”.
In countries like Spain, where the governing body is the parliamentary monarchy, this rule is called royal decree-law. Indeed, the highest regulatory standard issued by the executive branch is called the Royal Decree. Similarly, a legislative decree is the norm with a legal status dictated by the de facto government. Order is the key to organizing the laws and norms of different jurisdictions. Therefore, the normative hierarchy implies the following rules: With regard to the principle of hierarchy, article 51 of the Political Constitution of Peru stipulates that “the Constitution takes precedence over all legal norms, the law, the norms of the lower hierarchy, etc. Nevertheless, it is important to emphasize that rules issued by bodies other than the courts do not have the same rank. Therefore, the organic law has a higher rank than a royal decree-law. For this reason, it is important to clarify that legal norms are part of the law; morality, to morality; Religious, religious and social conventions are rules of social interaction.
This norm of general rank represents the third level in the legal hierarchy of the laws of a State, alongside organic and equivalent laws, and is located under the Constitution. Its approval is in accordance with the Cortes Generales. On the other hand, in its judgment, the Constitutional Court indicates file number 00004-2019-PI / TC, grounds 1 and 2, on legislative decrees as a norm with the rank of law: Therefore, for example, the legislative power has the ability to elaborate the different norms that reside in the Cortes Generales, and at the same time to have the power to delegate to the government, Whether central, regional or local. 3. The Constitution guarantees the principle of legality, the hierarchy of norms, the publication of norms, the prohibition of retroactivity of sanctioning provisions that do not promote or restrict the rights of individuals, legal certainty, liability and the prohibition of arbitrariness of public authority. A country`s legal system consists of laws and other types of norms of different rank, ordered according to the principle of normative hierarchy. In this article, we explain what this hierarchy is and what types of rules make up each step.