Legal Definitions - leges sub graviori lege

Leges sub graviori lege is a Latin legal principle that translates to "laws under a weightier law." This concept describes the hierarchical nature of legal systems, where certain laws are subordinate to, and must comply with, more fundamental or superior laws. It means that a law of lesser authority cannot contradict or override a law of greater authority within the same legal framework.

Here are some examples to illustrate this principle:

• Example 1: State Law vs. U.S. Constitution

  Imagine a state legislature passes a new law that prohibits certain types of peaceful protest demonstrations, even if they do not incite violence. However, the First Amendment of the U.S. Constitution guarantees the right to freedom of speech and assembly.

  How it illustrates the term: In this scenario, the U.S. Constitution is the "weightier law." The state law, being a "law under" the Constitution, must conform to its provisions. If the state law infringes upon constitutionally protected rights, it would be deemed invalid because it violates the superior law.

• Example 2: City Ordinance vs. State Statute

  Consider a city council that enacts a local ordinance requiring all residents to obtain a special permit from the city before they can purchase a firearm. However, the state in which the city is located has a state statute that explicitly prohibits local governments from regulating firearm sales, reserving that power for the state legislature.

  How it illustrates the term: Here, the state statute is the "weightier law." The city ordinance is a "law under" the state statute. Because the state law explicitly preempts local regulation of firearms, the city's ordinance would be invalid as it attempts to override a superior state law.

• Example 3: Company Policy vs. Federal Employment Law

  A large corporation implements a new internal human resources policy stating that employees are not allowed to take medical leave for mental health conditions, only for physical ailments. However, the federal Family and Medical Leave Act (FMLA) grants eligible employees the right to take unpaid, job-protected leave for serious health conditions, which includes mental health conditions.

  How it illustrates the term: The federal FMLA is the "weightier law" governing employee leave. The company's internal policy is a "law under" the federal statute. Since the company's policy contradicts the rights guaranteed by federal law, it would be unenforceable and the company would be required to comply with the FMLA.