This article aims to shed light on the hierarchy of norms, is addressed to all those who believe that the rules are the exclusive competence of lawyers.
Standards have a vertical hierarchy, the norm is the Constitution mother Politics, laws derived from it, they are issued by the legislature, then there are the supreme decrees, they derive from the law, are issued by the executive, and are intended to give guidelines, to adapt to each sector as required by law, then this is the Ministerial Resolutions, which derive from the Supreme Decrees and aim to standardize on specific sectoral case.
Is there any noma that is above the Constitution of the State? The answer is yes, international treaties are above the constitution, there lies the importance of signing the talks, ejm. the famous FTAs.
We often wonder what are the ordinances? ordinances are regulations issued by regional governments and municipal governments, and have force of law, residing in this political weight, many times these rules violate terms of the executive, by their nature to be above a supreme decree. Lucchetti quote the case, having the EIA approved by Ministry of Agriculture, ceased operations because they violate municipal ordinances, another example is the rise in 2008 before a national ban by the Ministry decrretada algae production, the regional government of Arequipa issues an ordinance giving the green light to the collection of algae in the coast, to have more legal weight than a decree prevailed Arequipa regional ordinance.
In short this is the legal structure of the Republic of Peru:
Constitution of Peru
------------- Laws Ordinance (regional and municipal)
Supreme Decrees Ministerial Resolutions
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