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by allerratio 4898 days ago
Federal law breaks state law. It's the same in federal countries of the EU. In Germany for example there are several laws where federal law overrides state law. For example the [Constitution of Hesse](http://en.wikipedia.org/wiki/Constitution_of_Hesse) allows death sentences but is overruled by the German Constitution (the "Grundgesetz")
2 comments

Even the UK (or at least parts of it) has this structure - where I am we have Scots laws, then UK laws then EU laws. Appeals can go from local courts to the UK Supreme Court and to the EU European Court of Justice.
I hate to say it, but there are more levels of law than that :-(

(1) The council can introduce bylaws which cover a single area (eg. a park).

(2) All sorts of national organizations have their own bylaws (eg. the railways, canals).

(3) You can even have "laws" affecting individual houses (they are called "covenants"). eg. my house has a binding covenant that stops me from keeping chickens.

BTW the EU isn't really a law maker as such. Our contract with being in the EU means that we implement the EU directives, but in theory we could refuse -- the EU would fine us and/or kick us out if we did this.

"BTW the EU isn't really a law maker as such. Our contract with being in the EU means that we implement the EU directives, but in theory we could refuse -- the EU would fine us and/or kick us out if we did this."

Incorrect. Directives do exist, and they are transcribed by members into national law. However, Regulations have immediate effect across all member states, no transposition required: http://en.wikipedia.org/wiki/Regulation_(European_Union)

Also, there is no mechanism in the current treaties to throw out a member from the EU - all members must agree for a member to leave the EU.

Fines do exist for non-enforcement of EU law though.

A more practical example was the court case that allowed female soldiers to serve with weapons in Germany.

It went all the way up to European level, and there they overturned German law.

EU is not a great example, since there are no EU laws per se, it's countries that have to implement EU directives. additionally there is no EU jails or criminal justice system.
I didn't want to use the European union in my example because it get's even more complicated with it. (e.g. directives that have to be implemented as laws by its members)