What is Kelsen Pyramid? »Its Definition and Meaning [2019]

It is a legal system plotted in the form of pyramid , which is used to represent the hierarchy of the laws, one over the other and is divided into three levels, the fundamental level in which the constitution is found, as the supreme norm of a state and from which the basis of validity of all the other norms that are located below it is derived, the following level is the legal one and there are the organic and special laws , followed by the ordinary laws and decrees of law, and then continue with the sub-legal level where we find the regulations, below these the ordinances and finally at the end of the pyramid we have the sentences , and as we get closer to the base of the pyramid, it is becoming wider which means that there is a greater number of legal norms.

Hans Kelsen creator of the pyramid de kelsen , jurist, politician and professor of philosophy at the University of Vienna, defined this system as the way in which a set of legal norms are related and the main form of relationship between them within a system, is about the basis of the hierarchy principle.This means that the rules or laws that make up a legal system, are related to each other according to the hierarchy principle, so that The law that is below cannot be contradicted by another law that is above because it would not have legal effect or should not have them.

In the application of the Kelsen pyramid in the Venezuelan legal system, you can appreciate the three levels.

On the fundamental level we have the constitution, in which we could mention the preamble , the dogmatic and the organic , three fundamental parts of the constitution.Then we continue with the legal level, where are contained the organic laws that according to the article 203 of the constitution of that country, are those that are issued orders to organize public powers or to develop constitutional rights and those that serve as a regulatory framework for others laws.Then we have the decrees of law that are norms with the rank of law dictated by the executive branch without the intervention of any congress or parliament, at this level there are also ordinary and special laws.At the last level the sub legal we have a the regulations, ordinances and sentences and are included in this level since they do not have the rank of a formal law.