Constitutional Structure of Super Laws

My research contribution would be an argument for a third tier of constitutional ‘material’. We are used to thinking about constitutional systems in terms of two levels of norms. I will argue that a three level constitutional system is needed and also should be desired. In a codified constitutional system I propose an intermediate norm called ‘super laws’ (which is quasi-constitutional) beneath the Constitution and above regular laws. Furthermore, in an uncodified constitutional system I will argue why we should recognize the higher lawmaking norm to be equal to this same ‘intermediate’ level norm, with respect to its form and effect.
Scholars have proposed a general normative hierarchy between the Constitution, super-statutes and ordinary laws. However, until now the literature did not address the ex-ante way in which the intermediate level of higher lawmaking statute can be created.