Constitution and normative hierarchy

Alexander Orakhelashvili

Domesticating Kelsen

Towards the Pure Theory of English Law

There exists a genuine degree of scepticism as to whether Hans Kelsen’s pure theory of law can rationalise the intricacies of the English legal system. This ground-breaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory’s prism. It demonstrates that while Kelsen’s theory is highly suitable to examine some of these issues, in relation to some aspects of English law it actually possesses the analytical cutting edge.

Monograph Book

Published in print:: 31 May 2019

ISBN:: 9781788111416

eISBN:: 9781788111423

DOI:: https://doi.org/10.4337/9781788111423

Pages:: c 224

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Chapter 4: Constitution and normative hierarchy

Alexander Orakhelashvili

Monograph Chapter

Published:: 31 May 2019

Category:: Monograph Chapter

DOI:: https://doi.org/10.4337/9781788111423.00008

Pages:: 83–148 (66 total)

Collection: Law 2019

Abstract

Chapter 4 focuses on the nature of the unwritten constitution in English law and on the hierarchical arrangement of the law-making authority along with the analytical approach prioritised by the pure theory. Having identified the meaning of unwritten constitution, the chapter moves on to identify the patterns along which English law develops its own approaches regarding norm-creation, norm-contrariety and judicial review.

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