Reine Rechtslehre¶
Kelsen, H. (1934). Reine Rechtslehre. Pure Theory of Law.
Cited by¶
1 citation across 1 artifact.
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Primes¶
- No One Is Above the Rules
- In Kelsen's (1934) hierarchical theory of legal norms, every concrete directive — including those issued to delegated agents — derives validity from a higher-order norm that itself binds the issuing authority; an enforcement scheme that exempts the highest tier breaks the very chain of authorization on which the lower-tier rules depend.
This sourceFranz Deuticke. Develops the hierarchical (Stufenbau) theory of legal norms: every valid legal directive derives its authority from a higher-order norm, terminating in a presupposed Grundnorm; constitutional supremacy and the binding of rule-issuers by their own enabling rules follow as structural consequences.
- In Kelsen's (1934) hierarchical theory of legal norms, every concrete directive — including those issued to delegated agents — derives validity from a higher-order norm that itself binds the issuing authority; an enforcement scheme that exempts the highest tier breaks the very chain of authorization on which the lower-tier rules depend.
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