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- Title
THE DYNAMIC ORDER OF NORMS, EMPOWERMENT AND RELATED CONCEPTS.
- Authors
Schmill, Ulises
- Abstract
'Authority', `competence' and other related concepts are determined on the basis of the concept of law as a dynamic order of norms. The norms which regulate the processes of norm creation establish empowerments (Ermächtigungen). The material domain of validity of the empowering norm is called `competence'. The concept of `person' in relation to empowering norms yields the concepts of `organ' and `authority'. The spatial domain of the validity of these norms is the spatial or territorial jurisdiction. This paper analyses the basic norm and its legal functions; it considers the irregularity of legal acts and norms, as well as the legal consequences thereof; namely nullity and annulment. Additionally, the Kelsenian `Tacit Alternative Clause' is criticized and a possible solution to the problem of irregular norms is offered through new definitions of the existence, validity and legitimacy of norms.
- Subjects
COMPETENT authority; TRUTHFULNESS &; falsehood; PERFORMANCE; LAW; LEGAL sanctions; JURISDICTION
- Publication
Law & Philosophy, 2000, Vol 19, Issue 2, p283
- ISSN
0167-5249
- Publication type
Article
- DOI
10.2307/3505169