Results 11 to 20 of about 3,277,943 (302)

Conflict of norms in European Union law and the legal reasoning of the European Court of Justice [PDF]

open access: yes, 2010
This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University.This thesis examines the topic of conflict of norms in European Union (EU) law and the legal reasoning of the European Court of Justice (ECJ), arguing that ...
Conway, Gerard Martin
core   +7 more sources

THE CONCEPT OF A LEGAL FACT IN THE LEGAL CONCEPT BY P.G. VINOGRADOV [PDF]

open access: yesСеверо-Кавказский юридический вестник, 2020
The article is devoted to the analysis of the theory of legal fact P.G. Vinogradov. The author proves its special significance for the modern theory of state and law.
Аргунов Бислан Борисович
doaj   +1 more source

Evolution of Peace: from Social Value to Legal Axiom

open access: yesJournal on European History of Law, 2022
Peace, as one of the transcendental values of human societies, has been undergone a complete transformation in the international community. This study seeks to find out the processes of evolution of peace in history of international law.
Mohammad Alipour
doaj   +1 more source

There Is No Hierarchy of Norms, There Is a Hierarchy of Instances: Normative and Subject-Political Justification of the Hierarchy of Normative Legal Acts in the Teachings of Hans Kelsen and Karl Schmitt

open access: yesRUDN Journal of Political Science, 2023
The problem of legal force and the hierarchy of normative legal acts must be considered at the intersection of political and legal knowledge, since such acts are not just a form of external consolidation of legal norms prescribing a certain model of ...
Anton D. Ukhanov
doaj   +1 more source

Are Legal Concepts Embedded in Legal Norms?

open access: yesInternational Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, 2011
In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ‘the embedding theory’, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link
Gizbert-Studnicki, Tomasz   +1 more
openaire   +2 more sources

Teori Pertingkatan Norma dalam Usul Fikih

open access: yesAsy-Syir'ah, 2016
In this article, the writer investigates the possibility of the existence of the notion of legal norm hierarchy in IslamicLaw through analysing several key concepts such as hukm shar’i(detailed legal rule), asl kulli (general principle ...
Syamsul Anwar
doaj   +1 more source

Legal Argumentation and the Normativity of Legal Norms [PDF]

open access: yes, 2012
Legal argumentation has differing relations with the concept of normativity. On the one hand, normativity plays an important role in legal argumentation. This is because legal norms are elements of the arguments which go together to make up legal discourse.
openaire   +1 more source

The conflict initiation and resolution rules in constitutional and municipal law

open access: yesПравоприменение, 2020
The subject. The article is devoted to analysis and classification of different constitutional and municipal legal rules that may cause and resolve the constitutional conflicts.The purpose of the article is to confirm or disprove hypothesis that there is
Irina A. Tretyak
doaj   +1 more source

Hans Kelsen as Outliner: The Defence of a Radical Norm Theory [PDF]

open access: yesArchiwum Filozofii Prawa i Filozofii Społecznej, 2021
In his first treatise on legal theory, Hauptprobleme der Staatsrechtslehre (1911), Hans Kelsen seeks to recast legal norm theory in a way that would eliminate from the theory the imperative, with what Kelsen sees as its moral connotations.
Stanley L. Paulson
doaj   +1 more source

Decision or norm: Judicial discretion as a treat to the rule of law [PDF]

open access: yesZbornik Radova: Pravni Fakultet u Novom Sadu, 2012
Principle of legality and legal certainty, as key notions even of the thinnest concept of rule of law, are largely endangered in our times by widening of judicial discretion range.
Avramović Dragutin
doaj   +1 more source

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