Law Decision Hierarchy

Should judicially created rules override constitutional and pre-constitutional rights and legislatively created laws?
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James E. White
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Law Decision Hierarchy

Unread post by James E. White »

Below is what I suggest is the correct law decision hierarchy where the higher levels always trump the lower levels. Too many judges these days seem to make every effort to demonstrate their POWER by applying the lowest level rules possible to award a winner.

The hierarchy of the law overriding from highest to lowest is:
  • Fundamental rights and employee, lawyer, and judicial ethics
  • Due process including law as written, clarify ambiguity, and error correction
  • Constitution (which references but does not define due process)
  • United States Laws
  • Michigan (or State) Constitution of 1963
  • Michigan (or State) Laws
  • Michigan (or State) Administrative Rules Authorized by Michigan (or State) Law
  • Federal and State Judicial Doctrine applicable to Justice
  • Applicable Precedent
  • Judicial Procedural Rules applied with Justice in mind
What are your thoughts?
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