Validitatea normei juridice – fundament al ordinii şi stabilităţii juridice
The validity of the legal norm – foundation of legal order and stability
Author(s): Mihai BadescuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: law; legal norm; legality; validity; effectiveness; legitimacy; constitution; rule;
Summary/Abstract: Order and legal stability cannot exist if the legal norm is not valid. The aforementioned is valid if, firstly, it exists, meaning that it should be adopted and in force, and secondly, if it meets the legality conditions. Regarding the validity of the legal norm, the legal doctrine provides three important conceptions, attributed to certain known philosophers and jurists: Georg Henrik von Wright, Hans Kelsen, H.L.A. Hart. Alongside them, other thinkers, both foreigners and Romanians, were preoccupied with the analysis of the validity issue of the legal norm, among which: Aristotle, Hugo Grotius, Savigny, John Austin, Fr. Ost, Michel van de Kerchove, Robert Alexy, Mircea Djuvara, Sofia Popescu, Gheorghe Mihai, Gheorghe Emil Moroianu, Radu Stancu, and others. Outside of the doctrine approaches, the issue of the validity of the legal norm proves to also be important and to have practical usefulness in the context of recent debates in the Romanian public space, regarding the competence and the method of elaboration of the legislation, both at the level of the Parliament as well as at the level of the Government through the institution of legislative delegation.
Journal: Revista de Drept Public
- Issue Year: 2017
- Issue No: 01
- Page Range: 19-30
- Page Count: 12
- Language: Romanian
- Content File-PDF