Domesticating Kelsen
Show Less

Domesticating Kelsen

Towards the Pure Theory of English Law

Alexander Orakhelashvili

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 4: Constitution and normative hierarchy

Alexander Orakhelashvili

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.