public law: australian constutiton

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Issue:

Miscellaneous

 

Written by:

Thomas N

 

Date added:

May 18, 2016

 

Level:

University

 

Grade:

A

 

No of pages / words:

8 / 2062

 

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3536 times

 

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Essay content:

The basic norm is presupposed starting point of a procedure of positive law creation o All questions of validity in relation to legal order will point to a binding norm, which must be presupposed if we want to interpret: ? The acts performed according to it as the creation and application if valid general legal norms; and ? The acts performed in application of these general norms as the creation or application of valid individual legal norms o Only if the basic norm is presupposed, only then can the subjective meaning of a constitution-creating act and of the acts created according to this constitution be interpreted as their objective meaning, as valid norms, as a normative legal order; considering the law as exclusively positive law o A legal norm is not valid because of its content, but because of its creation according to a basic norm...
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The basic norm is presupposed starting point of a procedure of positive law creation o All questions of validity in relation to legal order will point to a binding norm, which must be presupposed if we want to interpret: ? The acts performed according to it as the creation and application if valid general legal norms; and ? The acts performed in application of these general norms as the creation or application of valid individual legal norms o Only if the basic norm is presupposed, only then can the subjective meaning of a constitution-creating act and of the acts created according to this constitution be interpreted as their objective meaning, as valid norms, as a normative legal order; considering the law as exclusively positive law o A legal norm is not valid because of its content, but because of its creation according to a basic norm...
displayed 300 characters

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