Basic norm

From Wikipedia, the free encyclopedia

Basic norm (German: Grundnorm) is a concept created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitmacy. This "basic norm", however, is hypothetical. This has led to criticism from noted authors such as H.L.A. Hart, who refers to the theory as "metaphysical".

[edit] External links

• Hans Kelsen, the Theory of Law and the International Legal System
• The Basic Norm; by Professor William R. Long