What is the highest-ranking superior law?

Answer 1

Interesting question. Its also a loaded question. I guess it depends on who you ask.

First, the highest form could be spiritual. It could be that the only one who can ultimately judge is a supreme being or beings depending on the religion.

Or that a supreme being has given humanity the ability to take from nature vesting each of us with a property right in what we earn. A john Locke theory - God gave man the ability to work the earth and appropriate for himself that which he was able to remove from nature.

Second, its possible that the highest form of law is the law that comes from the governing body that has the final say in a legal dispute. For example, in the United States, if we are talking about a legal dispute that arises out of a federal law. Let's say that the issue is whether or not an American has the right to bear arms, a right protected by the Second Amendment of the Constitution. If a governing body tries to infringe on that right, like the city of Chicago with an ordinance prohibiting firearms, the highest form of law to answer whether the ordinance is constitutional is the federal government. Specifically, the Supreme Court of the United States.

Some areas of power to govern are reserved to the states, not the federal government. Of course there is tension between the federal government and the state government regarding who controls on certain issues (these are called federalism issues if you are having trouble remembering back to high school).

But for areas that are exclusively reserved to the states, take issuing licenses. Yes, in addition to a driver's license, this also includes a marriage license. The highest form of law may only be an authoritative body in that state. It could be the state supreme court.

Remember though, if the United States Supreme Court decides that an issue is a matter of federal law, this decision trumps any state decision to the contrary. The Supreme Court then becomes what you might consider the highest form.

Third, thinking of it a different way, you might also consider international law as the highest form. That when all of the nations (or rather the most powerful who can enforce their will) decide on something, that decision is law in a sense. Take a international crimes tribunal to punish war criminals. It isn't necessarily a single nation subjecting an alleged criminal to its laws, but to laws that the most powerful group agree upon.

Fourth, to throw a wrench in the equation, in the United States we consider our federal government to have three separate, but equal parts to the government. Of course most states operate this way also. This includes the executive, the legislative, and the judicial branches. So, theoretically, none can be the highest, because the legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws.

Final thoughts: If you are truly seeking the highest form of law, you would have to define what the law governs, who enforces, how disputes are resolved, and who has the final say. The answer is not as easy as one might think because people can't agree on answers to those questions.