Higher Law Doctrine
/ˈhaɪər lɔː ˈdɒktrɪn/
Definitions
- (n.) A legal principle that certain fundamental moral or natural laws supersede enacted laws and must guide judicial decisions.
The judge invoked the higher law doctrine to strike down the unjust statute.
- (n.) The concept that constitutional or statutory provisions must conform to universal principles of justice and fairness.
Advocates argued that the higher law doctrine justified the protection of individual rights beyond legislative enactments.
Forms
- higher law doctrines
Related terms
See also
Commentary
The higher law doctrine is often cited in natural law theory and constitutional interpretation to justify overriding positive law when it conflicts with fundamental moral principles.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.