Other sources of law

Besides constitutional law and within the boundaries it sets there are legal norms of lower rank, which are also categorised by a hierarchical order. Although legislation (and legal norms based on it) play an important role in all presented countries, there are differences in the importance of specific rule sets in the field of activation within the scope of national laws. In some countries legislation is the most important source of law for activation, whereas in other countries the contract law on the 

In France, the implementation of activation of unemployed and needy persons is a task that is executed in various fields of law. This extends from civil and labour law, tax law and social security law to family allowances law. This means that in France activation is embodied in a very broad legal scope and framework. 

The Dutch legislator has a broad scope of opportunities to fulfil its task. International law is of particular importance because in the Netherlands acts of parliament are bound to the constitutional law but courts cannot review their constitutionality. This is not true for the conformity of rules with EU law and other international statutes. In this case, courts can review the conformity of rules with these norms. The rights fixed in the European Declaration of Human Rights and the ILO Conventions play a particular role. They might work as an obstacle in the legislative process since courts have the power to check completely their observance. The most important sources of law with regard to activation are the Unemployment Insurance Law, the Work and Welfare Act and the Act on Employment and Income Depending on Work Capacity (WIA Act). 

In Switzerland, apart from the Federal constitution and the constitutions of the cantons, the rules on unemployment and insolvency insurance and the respective regulations, the invalidity insurance and the case law of the Federal Insurance Court are of peculiar importance. In addition, activation plays a role in the measures based on social assistance law of the cantons. The influence of the cantons has formed to a great extent the law on social assistance. 

According to the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996, the US states are obliged to achieve the fixed quotas in labour participation, to provide for supporting means (e.g. day care for children) and to secure the interest of public administration in integrating benefit recipients by offering 

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As positivists are preoccupied with the idea of sovereignty and consent, codification plays a big role. When states agree to treaties the issue of bindingness is straight forward. AU other sources of law and whatever might be found in the area of human rights are not to the liking of positivists. That, however, cannot lead to the exclusion of aU other instruments in the analysis. 

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