
	Where results make sense

Topic: Grundnorm

Related Topics

Dictablanda

Philosophy of law

Legal positivism

Hans Kelsen

Legal realism

Ronald Dworkin

Immanent

Natural law

Supreme Court of Pakistan

Fourteenth Amendment to the Constitution of Pakistan

Positivism

Seventeenth Amendment to the Constitution of Pakistan

Junglefowl

Thirteenth Amendment to the Constitution of Pakistan

Illiberal democracy

In the News (Thu 10 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Online edition of Daily News - Features (Site not responding. Last check: 2007-11-03)
		The validity or the legitimacy of the Grundnorm is based on efficacy, and so long as the Grundnorm remains efficacious, it imparts to the rest of the normative structure (which is comprised the legal system), its own legitimacy.
		Arising out of the fact that the validity of the Grundnorm is founded upon efficacy, which Kelsen explains as minimum support, then if such support is to cease depriving the Grundnorm of its efficacy, the Grundnorm ceases to be valid together with the legal system.
		The ultimate test of efficacy is when the courts accept the new Grundnorm as the basis for the validation of the legal system according to which judgements and orders are thereafter issued, and when those judgements and orders are duly executed by the executive arm of government.
	www.dailynews.lk /2004/05/05/fea01.html (2002 words)

	The Head Heeb: Kelsen's next test
		As a legal positivist, he believed that the ultimate basis of law was power, and that a legal system not backed by an effective system of enforcement wasn't really law at all.
		Once a Grundnorm was effectively overthrown, then it ceased to exist, and all law emanated from the new one.
		My other problem with Kelsen is that he takes a fundamentally civil-law view of courts as government functionaries, and fails to appreciate the degree to which common-law courts (and, to an increasing extent, constitutional courts in civil law countries) can be sources of power in their own right.
	headheeb.blogmosis.com /archives/032146.html (1913 words)

	Online edition of Daily News - Features
		If the new constitution is accepted by the people, as signified by the result of a referendum (if this is part of the constitutional ethos of that country), the courts and the administration, then, it would be difficult to argue that such a constitution has failed to satisfy the test of efficacy.
		In such a situation it would be fair to argue, in terms of Kelsen's analysis, that the old Grundnorm has, indeed, been replaced by a new Grundnorm on which the validity of the new constitution rests.
		When using an extra constitutional device to change a constitution it is not possible to argue that the ground situation was ripe for change in one context but that it is not so in another context.
	www.dailynews.lk /2004/06/05/fea05.html (2053 words)

	Pure Theory of Law - Wikipedia, the free encyclopedia
		Theoretically, this investigative process can be extended backwards until the most fundamental, general and authoritative legal rule or standard (or "norm" as Kelsen called rules) is reached.
		Following from this, the logical structure of law can be likened to a pyramid with the most fundamental and authoritative norm (the "Grundnorm") at the top and the most particular norms (those which applied to particular concrete situations) at the base.
		The Grundnorm is inherently stable but may change over time.
	en.wikipedia.org /wiki/The_Pure_Theory_of_Law (474 words)

	KELSEN’S CODA
		Insofar as a judge was torn between deciding a specific case on one or another of two rival principles or postulates, or different currents of legal precedent, he or she was not functioning as a "legal scientist," but perhaps as a political scientist or philosopher.
		Once the new grundnorm has been found, the subordinate norms are thereby validated, and the judge can continue in office in his disinterested task of applying "the law," despite his or her former oath.
		Each lower norm in the chain was related to a higher norm until the grundnorm which validated the whole sequence was reached.
	www.justicehrabinsky.com /html/kelsen_s_coda.html (3242 words)

	AAS Abstracts: South Asia Session 69 (Site not responding. Last check: 2007-11-03)
		The role of biradari in Pakistani politics was profoundly shaped by the legacies of the colonial state and yet, at the same time, its role in shaping relations between state and society was transformed in the new Pakistani context.
		Pakistan's own grundnorm is enshrined in its doctrine that the legal sovereignty over the entire universe belongs to Almighty Allah alone, and the authority exercisable by the people within the limits prescribed by Him is a sacred trust."
		Interpretations of political and legal developments in Pakistan often focus on two aspects: the failure of political parties and the periodic collapse of institutions of a so-called civil society, and/or the salience of "Islamic Law," understood almost as an inexorable manifestation of a Muslim state and society.
	www.aasianst.org /absts/1995abst/southasi/sases69.htm (1121 words)

	What name for the constitution
		Kelson postulates that the law in a state is in a hierarchical structure with the lowest norm deriving its validity from the highest norm, which Kelson calls the constitution.
		The GRUNDNORM is, in fact, a hypothetical concept.It can be described as the sum total of the consent of a majority of the members living in a given community that they should be governed by a given constitution.
		It is the grundnorm that lends validity to a constitution and as such any constitution that does not derive its validity from the GRUNDNORM is, to all intents and purposes, illegal according to Hans Kelson.
	www.gcicam.org /ngnkocnstttn.htm (1066 words)

	Sovereignty of the People - The New Constitutional Grundnorm?
		This change was most marked in the "free speech" cases which appeared to rely upon a concept that lawyers in the Westminster tradition had long been proud to do without, namely, individual rights.
		The second part examines the use of "popular sovereignty" in Australian constitutional jurisprudence, from the early dissenting judgments of Murphy J to the majorities in the "free speech" cases of the 1990s.
		The third part of the article assesses, against the background of Australia's constitutional and political history, whether "sovereignty of the people" should be the new grundnorm of Australian law.
	www.cdu.edu.au /law/apl/journalarticles/library_cards/wright2.htm (517 words)

	[No title] (Site not responding. Last check: 2007-11-03)
		Held: (1) the fact that the committee was appointed by an illegal commission in pursuance of a resolution passed during the lawful tenure of the commission did not clothe the committee with legitimacy, as the passing of the resolution and the appointment of the committee were two separate juristic acts.
		It is only applicable in situations where the grundnorm has been suspended or has become defunct and a vacuum has thereby been created and will remain if the court does not validate the new grundnorm.
		The theory cannot be invoked to destroy the grundnorm by legitimising acts that are illegal under the grundnorm.
	www.lrf.co.zw /Documents/Recent_Cases_2005_2.doc (14874 words)

	LEGAL PRACTITIONERS ADMISSION BOARD
		This grundnorm is not to be merely identified with the constitution of a legal system but represents the fundamental assumption about what people will treat as the constitution.
		Kelsen thus identified the grundnorm in any particular society by reference to that assumption applied by the key legal officials having the substantial monopoly on the use of organised force within that society.
		It followed from Kelsen's theory that if those with the substantial monopoly of organised force adopted a new grundnorm or were replaced through revolution or war by a new group of officials with a new grundnorm, the validity of law within that community would then be decidable by reference to the new grundnorm.
	www.law.usyd.edu.au /~library/lawx/marex97/juris_c197.htm (1476 words)

	Define Law - Page 2 - Offspring.com Forums
		At the university we basically talked about the Grundnorm by Kelsen and Hart's rule of recognition, especially about Kelsen's theories.
		Regarding the concept of rule of law, we spoke about some specific characteristics, such as the division of power, the respect for fundamental rights or the legality of administration.
		I agree, Hart's rule of recognition and the grundnorm combined with the legal realist definitions I think are a working definition of law.
	www.offspring.com /forums/showthread.php?p=452113 (1131 words)

	Kelsen and grundnorm and basic norm and pure theory of law
		The Grundnorm or Basic Norm is a statement against which all other duty statements can, ultimately, be validated.
		You cannot "go beyond" the Grundnorm because it is an unprovable first step (sort of like the "democracy is best because it is democracy" approach of 1930s-1950s American jurisprudence).
		Ultimately it appears that the Grundnorm for Kelsen is a belief that one's respective legal system ought to be complied with.
	www.willamette.edu /~blong/Jurisprudence/KelsenII.html (684 words)

	Hans Kelsen, the Theory of Law and the International Legal System - A Talk
		To be sure, there remains the delicate problem of the Grundnorm, the fundamental norm, which is a solution that continues to arouse doubts and to feed theoretical discussions.
		I would say, though, that the Grundnorm in Kelsen is a sort of `logical' closure of his system.
		D.Z. Yet you maintained in your 1981 article, `Kelsen e il problema del potere', that the Grundnorm makes indirect reference to an ideology which is not the ideology of the bourgeois state, as polemically maintained by the Marxists, but the ideology of the state based on the rule of law.
	www.ejil.org /journal/Vol9/No2/art8-01.html (1518 words)

	THISDAYonline
		Unwary and unwise is the defending counsel who assumes that he has seen all the claimant's case up till almost the end of the case.
		This is in a situation where the grundnorm states that litigants and counsel must know the opposing parties case from inception and none must be caught by surprise.
		This grundnorm was observed more in the breach than in the compliance.
	www.thisdayonline.com /archive/2004/10/26/20041026com01.html (1277 words)

	Analysphere of 23 July 01: Privacy and Domains (Site not responding. Last check: 2007-11-03)
		Hechter explores the emergence of new respectful industry norms, what he characterises as a recent "norm-cascade" from a "wild-west world in which websites did almost whatever they wanted with impunity, to a world in which a significant percentage of websites are explicitly addressing privacy concerns".
		He looks ahead to an "aspirational grundnorm of respect for website data privacy", implicitly a sense that online privacy would be as American as mom or apple pie.
		With that grundnorm there would be no need for EU Directive-style legislation and businesses would not feel able to publish spiffy policies that they then disregard on a day by day basis.
	www.analysphere.com /23Jul01/privacy.htm (1211 words)

	The Philosophy of
		Law in human society is derived from a "grundnorm," (Hans Kelsen, 1881-1965?) or basic norm, from which all other legal norms are developed.
		A "grundnorm" or "highest general value" may be the libertarian principle prohibiting the using force or fraud against another.
		The aim of adjudication is not reflection of the "folk moot," reinforcement of society's primary goals, or conformity with the "grundnorm;" instead, the aim is fairness for all competing interests before the law.
	libertariannation.org /a/f61d2.html (961 words)

	Federalism and Constitutionalism: Europe's Sonderweg
		The reason the question of ultimate authority and constitutional Grundnorm seems so important is that we consider the integrity of our national constitutional orders not simply as a matter of legal obedience and political power but of moral commitment and identity.
		Our national constitutions are perceived by us as doing more than simply structuring the respective powers of government and the relationships between public authority and individuals or between the state and other agents.
		It is at this level of praxis that the second and third lessons of the parable come into play.
	www.jeanmonnetprogram.org /papers/00/001001-03.html (3368 words)

	Der Umweltverbrauch muss teurer werden: Ökonomische Überlegungen zur Grundnorm (articolo) \| Gebhard Kirchgässner - ...
		Der Umweltverbrauch muss teurer werden: Ökonomische Überlegungen zur Grundnorm (articolo)
		Der Umweltverbrauch muss teurer werden: Ökonomische Überlegungen zur Grundnorm
		Please type in your email adresse when you are interested into the fulltext document to this publication.
	www.alexandria.unisg.ch /publications/Gebhard_Kirchgaessner/15049/L-it (63 words)

	Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine - Uta Bindreiter - Kluwer Law International
		Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of presupposing the Grundnorm can be understood as a Grund, i.e.
		Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine
		Segnala Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine ad un amico.
	www.englishbooks.it /BUS/9041118675/Why_Grundnorm_.htm (223 words)

	Bloomsbury.com - Research centre
		Austin believed that law could be defined as the commands of the sovereign, a position which created some difficulties for 'laws' which did not appear to have this character.
		These difficulties were resolved by Kelsen who argued that any genuine legal system had a Grundnorm, or basic norm, which identified the ultimate source of legal authority: Hart's 'rule of recognition' describes the same notion.
		In the case of the US the relevant theory is that the (validly amended) Constitution provides the Grundnorm; in the case of the UK the relevant theory is that the Grundnorm is provided by the doctrine of parliamentary sovereignty (qualified, perhaps, by the UK's membership of the European Community).
	www.bloomsbury.com /ARC/detail.asp?entryid=102355&bid=2 (662 words)

	THISDAYonline
		The Constitution of the Federal Republic in section 35 (2) provides as follows; "any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or other person of his choice."
		The above provision proceeding as it does, from the supreme law of the land- the grundnorm and couched in the imperative as it is, is time and time again flouted with impunity and with an attitude that bespeaks of utter and despicable ignorance.
		I had on occasion, been physically hauled out of the police interrogation room simply because, a dumb investigating police officer was not impressed by the insistence of my client to stand up for his rights, and my firm, but polite persistent insistence that my client's rights ought and should be respected.
	www.thisdayonline.com /archive/2002/03/26/20020326law06.html (1228 words)

	Kelsen and grundnorm and basic norm and pure theory of law
		The Grundnorm or Basic Norm is a statement against which all other duty statements can, ultimately, be validated.
		You cannot "go beyond" the Grundnorm because it is an unprovable first step (sort of like the "democracy is best because it is democracy" approach of 1930s-1950s American jurisprudence).
		Ultimately it appears that the Grundnorm for Kelsen is a belief that one's respective legal system ought to be complied with.
	www.drbilllong.com /Jurisprudence/KelsenII.html (684 words)

	Date:
		To Hans Kelsen, a revolution occurs when the Grundnorm (a country’s constitution) ceases to have minimum support when the coupmaker’s dictatorship obtains sufficient support.
		The parvenu government of the NPRC succeeded here but the AFRC is still wanting in establishing Grundnorm notwithstanding the coerced adminsitration of the Oath of Office by the Acting Chief Justice, Samuel Beccles Davies.
		Many of us who really obey Section 13 on the duties of the Sierra Leonean citizen should at all times aspire to the touchstone of the rule of law by never supporting any coup or assisting in the administration of post-coup regime as certain respectable Sierra Leoneans saw fit in 1992.
	www.sulima.com /pubs/musa-law.html (3229 words)

	Law and Our Rights (Site not responding. Last check: 2007-11-03)
		Kelsen identified this fundamental norm as the Grundnorm.
		Kelsen's concept of the Grundnorm was used by the Pakistan Supreme Court in the 1958 case of State v Dosso.
		The problem with the doctrine of basic features is that anything can be branded as a basic feature of the Constitution.
	www.thedailystar.net /law/2005/11/02/alter.htm (1365 words)

	philosophy.com: Conversations with the Constitution#4: public reason
		As Justice Michael Kirby says, (p.8) if the law is clear and constitutionally valid, then it is the duty of citizens to obey the law and the duty or the courts to apply its terms.
		In term of the constitutional underpinnings I'm pretty much in agreement with Justice Michael Kirby's account of the legal bedrock, or Grundnorm, in this speech.
		Or is Grundnorm, come not from the Australian people united as a nation, but from a "creator", "the laws of nature, or from God.
	www.sauer-thompson.com /archives/philosophy/2004/12/conversations_with_the_constit_4.html (1410 words)

	Fresh Beginning-Editorial-OPINION-The Times of India (Site not responding. Last check: 2007-11-03)
		Such a democratic initiative cannot be compared with dictatorial extensions of parliament as in India in 1975-77 or usurpations of power in Pakistan and elsewhere.
		Once revived, parliament needs to create a constituent assembly so that the very basis (called grundnorm by jurists) is changed.
		Prima facie, this is not a case for making amendments to the constitution, through the revived parliament using Article 116 of Nepal's constitution of 1990, for two reasons.
	timesofindia.indiatimes.com /articleshow/1522851.cms (895 words)

Try your search on: Qwika (all wikis)