PIRAMIDE DE KELSEN - Ordenamiento Jurídico

Understanding the Legal Hierarchy

The Kelsen Pyramid and Legal Order

• The discussion begins with the concept of legal order, emphasizing the importance of establishing a hierarchy of laws, illustrated by Kelsen's famous pyramid.

• At the top of this hierarchy is the national constitution, which outlines the separation of powers and citizens' rights.

• Following the 1994 Constitutional Reform, international treaties concerning human rights are now considered equal to the constitution in terms of legal standing.

Layers Below the Constitution

• Just below constitutional law are other international treaties that do not have constitutional status but are still significant; these are classified as superlegislative and infraconstitutional.

• National legislation enacted by Congress follows next, including codes and substantive laws that define rights and obligations for citizens.

• Procedural laws dictate how these substantive laws should be implemented or enforced.

Provincial Legislation and Executive Decrees

• Provincial legislation and constitutions rank lower in this hierarchy as established by Article 5 of the national constitution.

• The president operates under provincial constitutions, issuing executive decrees that have normative regulatory content for urgent situations but remain subordinate to any law.

Judicial Resolutions at the Base