Cognitive Scaffold

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MENTAL MODEL · M10761

Hierarchy of Laws

Hierarchy of Laws
CultureHigh supportLaw
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Updated 2026-08-22

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INTRODUCTION

English translation pending.

CORE DEFINITION

The constitution stands above statutes, statutes above administrative regulations, and regulations above departmental rules, and a lower-level rule must not contradict a higher-level one. The model is a conflict-resolution rule: when two rules collide, their rank decides which one wins, rather than novelty or favoritism. A court facing a conflict should apply the higher law and set aside the contrary lower provision.

SCAFFOLDING EFFECT

psychology

Reduce cognitive load

- Rank the conflict: identify the issuing body and rank of each clashing rule. - Apply the ordering: use higher law, special law, and newer law in the right combination. - Purge the contrary clause: send the conflicting lower rule in for review.

anchor

Anchor fast decisions

Legislative authority is distributed by tier, which produces a hierarchy of effect: higher law represents broader will and more general interest. When norms conflict, the higher-ranked one prevails and the part of the lower one that contradicts it is void.

MINIMUM ACTION

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Source support: Explicit

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    zh.wikipedia.orghttps://zh.wikipedia.org/wiki/%E7%AB%8B%E6%B3%95%E6%B3%95ZH · Explicit
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