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public law: australian constutiton
Essay specific features
Written by:
Thomas N
Date added:
May 18, 2016
Level:
University
Grade:
A
No of pages / words:
8 / 2062
Was viewed:
3597 times
Rating of current essay:
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...
displayed 300 characters
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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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