和訳 Law hierarchy

質問

正しい日本語に書き直すことをお願いします（辞書形）

Law hierarchy: Constitution→Treaties→Other Domestic laws. Constitutional laws are the supreme laws, and treaty laws take precedence over all related domestic laws (Constitution Article 98).
法の階層：憲法→条約→その他の国内法。憲法は最高法律であり、条約法は関連するすべての国内法よりも優先される（憲法第９８条）。

回答No.2

cbm51901 · ベストアンサー

法の階層：憲法＞条約＞その他の国内法。憲法は最高法規であり、条約法は関連するすべての国内法よりも優先される（憲法第９８条）。

お礼

I like your translation the best - also, I think you are correct by writing 条約法

thanks :o)

回答No.4

92128bwsd

Correction on my previous answer: act. 98 -> article 98

I believe you've referred also to the translation of Japanese constitution, but just in case.
"Article 98. This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity.
The treaties concluded by Japan and established laws of nations shall be faithfully observed."
(https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html )

I think the arguments on the priority between the constitution and treaties are not so odd and inevitable as the constitution is applied in the nation while treaties, once established, are multi-nations. The article doesn't make that point so clear. Theoretically, Japanese government must not agree or join treaties which are conflict with the constitution, then the priority of the constitution can be maintained.
But we don't have formal process to scrutinize whether a treaty being signed is compliant to related constitutional articles as a treaty is decided by the government and the diet while a constitutional judge is only argued as a part of another lawsuit in the supreme court.
All JFYI.

お礼

I'm sorry but what you have written, at least the English meaning is not how laws work.

Also, there is no such treaty that I'm aware of (and I know most in extreme detail)... that would conflict with the constitution. In fact I may even be so bold as to say that no current treaty does.

The main problem in Japan is that the courts (judges) have not yet reached the academic level to understand the laws of Japan which were written by American (international) staff.

We have to think about a government that is arguing about the law priority when article 98 was written to address that, and is clear as day.

回答No.3

92128bwsd

直したほうが良いところは、
1. the supreme laws: 最高法律 → 最高法規　The latter is often used in relevant discussion.
2. treaty laws: 条約法 → 条約　「Treaty laws」 may literally have to be translated to 「条約法」but I haven't seen this word.

"hierarchy" can be also 「優先度」for your choice.
「法の優先度：憲法 → 条約 → その他の国内法。憲法は最高法規であり、条約は関連するすべての国内法よりも優先される (憲法第98条)。」

By the way, Japanese constitution act. 98 doesn't mention about priority between constitution, the supreme law of the nation, and treaties and established nations law. This comes to be the argument sometimes in Japan.

補足

Thanks for teaching about 最高法律 → 最高法規 and 条約法 → 条約

Also, I like the law priority 法の優先度 nice

As for your comment about there being arguments about law priority... that is so sad. The people arguing must be complete morons. I mean the whole purpose of article 98 is to explain this one point. There is no other reason for article 98 than to explain the priority order.

I'm sure the above is a typo because 'the supreme laws' are the laws in the constitution.

(constitution)
Supreme laws →　Treaties →　other domestic laws

回答No.1

SPS700

法の階層：憲法→条約→その他の国内法。憲法は最高法律であり、条約法は関連するすべての国内法に優先する（憲法第９８条）。

お礼

Someone gave you a negative - hey what's with that... I mean your translation seems right on. There's really no difference between translations except your grammar ending is different.

Also, after some thought, I think 条約法 is correct.