Legal Definitions - ground-law

A ground-law refers to a fundamental and supreme legal principle or rule that forms the bedrock of a legal system. It establishes the basic structure of government, defines the essential rights and duties of citizens, and sets limits on the power of the state. Other laws, regulations, or treaties within that system must comply with and cannot contradict a ground-law; it serves as the ultimate authority from which all other legal norms derive their legitimacy or must conform.

• Example 1: Constitutional Protection of Free Expression

  Imagine a country whose constitution includes a provision guaranteeing its citizens the right to freedom of expression. If the national legislature later passes a new law that severely restricts public criticism of government officials, that new law could be challenged in court. The constitutional guarantee of freedom of expression acts as a ground-law. It is a fundamental principle that limits the power of the legislature. If the court determines that the new law violates this constitutional ground-law, the law would likely be declared unconstitutional and invalid, as the ground-law takes precedence over ordinary legislation.

• Example 2: Separation of Powers

  Consider a nation whose founding legal document clearly outlines a system of "separation of powers," dividing governmental authority into distinct legislative, executive, and judicial branches, each with specific roles and checks on the others. This principle of separation of powers is a ground-law. It dictates the fundamental structure of governance and prevents any single branch from accumulating excessive power. No ordinary statute or executive order can legally dismantle or significantly alter this core division of authority; any attempt to do so would be considered a violation of this foundational ground-law and therefore illegitimate.

• Example 3: Inviolable Human Rights Clause

  Some countries have constitutional clauses that declare certain human rights, such as the right to human dignity or the prohibition of torture, to be absolutely inviolable and beyond amendment. These clauses function as ground-laws. They represent supreme legal principles that even the highest legislative bodies cannot override or change, even through constitutional amendment procedures. Any law or government action that attempts to infringe upon these specifically protected rights would be immediately struck down as a violation of these unalterable ground-laws, reflecting their ultimate authority within the legal system.