Hierarchy of Laws

We've discussed various sources of law: federal and state constitutions, statutory law, administrative law, and common law. What happens when there is a conflict between different sources of law? For example, suppose a state legislature passes a law saying that it's now permissible to publish photographs of patients in a hospital. This statute would conflict with the established common law that allows patients to sue for an invasion of privacy. In this case, the statute would take precedence over the common law.

Think of a military unit where there is a hierarchy of command: a private must obey a sergeant; the sergeant must obey a captain; a captain must obey a general; and a general must obey the commander-in-chief. Laws also have a hierarchy. Figure 1.3 provides an illustration. At the top is the Constitution. Whenever any other type of law conflicts with the Constitution, a court must follow the Constitution. Next in the chain of command is statutory law, then administrative law, and at the bottom, common law. If an administrative law conflicts with a statutory law, the court must follow what the statute says, and so on.