Block of legality

The concept of block of legality was released by the legal doctrines administrative French. In the Hierarchy of the standards of Right, the block of legality includes/understands:

  • ordinary laws;

  • organic laws;
  • ordinances;
  • autonomous payments.

The block of legality is subjected to the provisions which form the Bloc of constitutionality and the Bloc of conventionnality, and it subjects to him even by its provisions the general Principes of the right and the Administrative acts.

The justification of the block of legality

Organic laws

The organic laws specify and supplement the Constitution. They are voted by the Parliament and the Constitution of 1958 limit the cases of recourse to the organic laws. It is a category between the constitutional law and the ordinary law, there exists a particular procedure of adoption and control (art.46 of the Constitution of 1958). The vote by the Parliament explains their place in the hierarchy of the standards on this level. They are promulgated only after the declaration of their constitutional conformity of the Constitutional council.

Ordinances

The ordinance S of article 38 of the Constitution of 1958 make as for them left the block of legality only once ratified by the Parliament. Indeed, as long as the ordinance was not ratified, the ordinance is regarded as being a Administrative act, that can thus control the administrative judge.

Autonomous payments

The autonomous payments are regarded as belonging to the block of legality. The implementing regulations, taken at the request of the legislator, are them regarded as administrative acts. The autonomous payments constitute the block of legality because of their field of intervention - that of the law defined in article 34 of the Constitution of 1958 - and not of their legal authenticity which is that of an administrative act.

The control of the conformity of the block of legality to the block of constitutionality

The control of the conformity of the block of legality to the block of supralegality

See too

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