Chapter 9.1: Sources and Hierarchy of Law
Overview
Sources of Law
Learning Objectives
By the end of this section, students will be able to
- Distinguish between the various the sources of law
- Understand the hierarchy of the various sources of law
By the end of this section, you will be able to
- Distinguish between the various the sources of law
- Understand the hierarchy of the various sources of law
Sources of Law
Sources of Law
Constitutional Law
- National Constitution
- Texas Constitution
Statutory Law
- National Laws (laws passed by Congress)
- Texas State Statutes (laws passed by the Texas Legislature)
Administrative Regulations
- National regulations
- Texas State administrative code
Court precedents (decisions of both the Federal and high state courts)
Local codes and ordinances (laws passed by county, city, and school boards)
Hierarchy of law
Hierarchy of law
The hierarchy of law in our system is relatively simple:
Constitutional Law overrules statutory law which in turn overrules administrative regulations which finally overrules local codes and ordinances.
Reading Review Questions
Sequence these items using numbers 1-7 (1 is most superior)
- _____ STATE ADMINISTRATIVE CODE
- _____ U.S. CONSTITUTION
- _____ CITY ORDINANCES
- _____ ACTS OF CONGRESS
- _____ TEXAS CONSTITUTION
- _____ U.S. EXECUTIVE BRANCH REGULATIONS
- _____ TEXAS STATE LAWS
Use the internet to define the term “precedent”. What type of precedent could be superior to the U.S. Constitution?
Use the internet to define”hierarchy”. How does this term apply to the list in item #1 above?