Legal Application, Global Legal Pluralism and Hierarchies of Norms
Title: Legal Application, Global Legal Pluralism and Hierarchies of Norms
Author: BERGÉ, Jean-Sylvestre
Citation: European Journal of Legal Studies, 2011, 4, 2, 241-263
In a context of global legal pluralism, the application of the law can be analysed at several levels, namely national, international and regional. At each level, legal systems are organized around different normative hierarchies. This raises questions regarding the articulation of these constructions in a multilevel perspective of legal application that is both practical and theoretical. To answer these questions, two approaches are imaginable: a first that studies the application of normative hierarchies, level by level and, beyond that, legal system by legal system; a second that aims to make explicit the interactions that can result from the coexistence of different normative levels. This study favours the second approach while attempting to appreciate the material and formal utility of normative hierarchies each time a jurist questions the application of the law at different levels. Two conclusions can be drawn from this study: there is a plurality of normative hierarchies in a context of global legal pluralism; in a process of multilevel legal application, normative hierarchy coexists with other methods of reasoning.
Type of Access: openAccess