The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections The Hierarchy of Laws – A Snapshot Constitution International Laws Statutes / Legislation Common Law / Case Law Regulations Procedure Codes of Conduct Guidelines, Instructions, and Policies  Establishes the innate characteristics of the country and its sovereignty; outlines the rights and responsibilities of its citizens – as such it is the supreme law.  Establishes the country’s governance structure.  All other laws must adhere to the constitution.  The constitution should reflect and adhere to a country’s international obligations.  Trans-border agreements that have different impacts on the country’s law, depending on the treaty language and the way a country’s constitution manages them.  Sometimes only a limited degree of compliance with treaties, and some treaties that enshrine fundamental rights are not always followed through in the signatory nation’s constitution, or through domestic enforcement.  No legal way to enforce compliance, unless the treaty sets up a dispute resolution process.  Statutes are enacted by the legislative branch of government, and govern a wide range of issues that require regulation in a modern, democratic state – including elections.  Must adhere to the constitution and international law.  Amended by the same process as first enacted, and enforced by a country’s enforcement agencies.  Common law is law made by the courts, not legislature, and is not a level of hierarchy per se.  It consists of the judgments of courts, to interpret the wording of statute law, to protect the principles of natural justice, to fill a gap in the law, or to deal with an unforeseen situation not covered by statute.  A judgment of a court may award damages, punishment, sanction or other remedial action, enforced by a country’s enforcement agencies.  A form of delegated legislation, developed and enacted by ministers, department heads, or by an independent body or commission, to administer their responsibilities  Must adhere to the constitution, international law, and governing statute, and can be enforced in the same way as statutory law.  Provide detail on the administration of principles in the law.  A violation of a regulation can be treated as an offense and enforced as such.  A procedure is a description of the required steps necessary to complete a process.  Procedures are generally written by an administrative body to ensure that the law and regulations are applied consistently and fairly to all parties.  Enforcement of a procedure is generally achieved by requesting compliance as a condition of completing a process or receiving a benefit (for example, candidacy) – rather than sanction or punishment.  A written set of rules, principles or standards to govern the behavior of certain groups.  It is a best practice for EMBs to develop codes of conduct to govern external actors such as candidates, media, election observers, security personnel, and election officials.  Enforcement of codes of conduct depends on whether they are considered “soft” or “hard” law. Codes of conduct are considered “soft law” when they are not passed by a lawmaking body and thus rely on voluntary compliance.  Terms such as “guidelines” and “instructions” are uncertain in meaning and can result in ambiguity, particularly with regard to enforceability.  “Policies” are broad, informative statements of intent regarding principles to be followed, priority of programs.  These should not be used as if they were elements of the structure of the hierarchy of laws. 3