Practice question · Match the pairs
Match each antinomy criterion to the conflict it resolves.
- Hierarchy
- Chronology
- Speciality
- Competence
- A reglamento conflicts with a statute
- A state norm and a regional norm both address a subject matter held by one of them
- Two statutes of the same rank conflict, one enacted after the other
- A general rule and a rule for a narrower class both cover the case
Hints
- One criterion compares rank, one compares dates, one compares scope.
- The fourth is the one that matters for a state of autonomies.
Show the answer
- Hierarchy → A reglamento conflicts with a statute
- Chronology → Two statutes of the same rank conflict, one enacted after the other
- Speciality → A general rule and a rule for a narrower class both cover the case
- Competence → A state norm and a regional norm both address a subject matter held by one of them
Why
The fourth criterion is the one a purely hierarchical picture cannot supply. Where the constitution allocates a subject matter to an autonomous community, the state norm does not simply win by being the state's; the question is who was competent, and a norm made without competence is invalid rather than merely outranked.
Practise Interpretation and Application
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