Legal Definitions - metalaw

Metalaw refers to a hypothetical or theoretical set of overarching legal principles designed to provide a framework for how different existing legal systems can interact, align, or be structured. It is essentially a "law about laws," establishing higher-level rules or agreements that guide the formation, interpretation, or reconciliation of diverse legal systems.

• Example 1: International Human Rights Treaties

  Consider an international human rights treaty, such as the Convention on the Rights of the Child. This treaty does not dictate the exact wording of national laws in every signatory country. Instead, it establishes fundamental principles and standards regarding children's rights that all participating nations are expected to incorporate into their own domestic legal systems. It acts as a form of metalaw by providing a common, higher-level framework and guiding principles for the development and interpretation of diverse national laws concerning children's welfare and protection.

• Example 2: A University's Foundational Charter

  Imagine a large university's foundational charter or constitution. This document doesn't detail every specific rule for student conduct, academic grading, or faculty employment. Instead, it outlines the fundamental governance structure, the rights and responsibilities of its various constituents (students, faculty, administration), and the procedures for creating and amending all other university policies and regulations. This charter serves as a metalaw for the university, establishing the overarching principles and framework within which all other specific departmental rules and policies must operate and be consistent.

• Example 3: A Global Standard for Data Privacy

  Picture a hypothetical global standard for data privacy that all nations agree to adopt. This standard wouldn't replace each country's specific data protection laws (e.g., how long data can be stored, specific consent mechanisms). Instead, it would establish universal principles like the right to data access, the right to be forgotten, and minimum security requirements, which each nation would then implement through its own detailed legislation. This global standard functions as a metalaw by setting a common, high-level agreement that guides and harmonizes the development of diverse national legal systems concerning data privacy.