Constitutional Law and General Legal Theory
Core concepts
Constitutional law covers the sources of law, the hierarchy of norms, fundamental rights, and the separation of powers. Know the role of the Constitutional Court, the review of constitutionality, and the effect of its decisions. General legal theory covers legal norms, interpretation, legal relations, and the application of law, including analogy and the principle of legality.
Traps
Questions test the hierarchy of norms, the effect of a finding of unconstitutionality, and the distinction between interpretation and creation of law. Watch the rules on retroactivity and the protection of legitimate expectations.
Rule of thumb
Apply the hierarchy: constitution, statute, regulation, individual act. Example: A regulation restricting a constitutional right without statutory basis is unlawful; the court may refuse to apply it and the Constitutional Court may annul it.