Is the Hierarchy of Legal Effect Determined by Conditional Relationship?Discussion on the Difference between the Hierarchy of Legal Effect and Norm Hierarchy
Is the Hierarchy of Legal Effect Determined by Conditional Relationship?Discussion on the Difference between the Hierarchy of Legal Effect and Norm Hierarchy
It is claimed that the hierarchy of legal effect is determined by conditional relationship,and the fact that the Hong Kong National Security Law is formulated in accordance with the Hong Kong Basic Law would determine that the legal effect of the former is inferior to that of the latter.However,the hierarchy of legal effect is different from its validity.A certain conditional rela-tionship can only determine the validity and cannot determine the hierarchy of legal effect.The ter-minology"norm hierarchy"includes two different things.The first is the norm rank determined by a certain conditional relationship,which is the hierarchical relationship between two norms.The second is the hierarchy of legal effect as a kind of legal force derogation relationship,which is the hierarchical relationship between two types of norms,essentially a kind of conflict rule.The setting of the hierarchy of legal effect is chosen by legislators after consideration of various factors accord-ing to the country's political system and historical traditions,and is not restricted by conditional re-lations.Although a conditional relationship does not determine the hierarchy of legal effect,it can affect the application of the rules of the hierarchy of legal effect.Based on the conditional relation-ship,the lower-level norms can inherit the priority application status of the higher-level norms on which they are based in the higher-level law,so that lower-level norms have priority over other higher-level norms.
关键词
条件关系/效力位阶/规范位阶/冲突解决规则/效力有无
Key words
Conditional relationship/Hierarchy of legal effect/Norm rank/Conflict rule/Validity
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