Lex superior

The principle of lex superior derogat legi inferiori provides that, in the event of a conflict between legal rules, the norm of higher rank takes precedence. This follows from the hierarchy of sources of law, such as the Constitution prevailing over ordinary statutes and international treaties over national legislation.

This principle is relevant because it safeguards the unity and coherence of the legal system and prevents lower-level rule-makers from undermining higher norms. Absent such precedence, legal uncertainty would arise for both citizens and public authorities.

In practice, courts apply the lex superior principle in disputes concerning, for example, EU law versus national legislation or municipal ordinances versus the Constitution, in which case the higher norm is applied.