THE CONSTITUTION AS THE BASIC NORM IN HANS KELSEN'S LEGAL THEORY Cover Image

УСТАВ КАО ОСНОВНА НОРМА У ТЕОРИЈИ ПРАВА ХАНСА КЕЛЗЕНА
THE CONSTITUTION AS THE BASIC NORM IN HANS KELSEN'S LEGAL THEORY

Author(s): Mira Simović
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Правни факултет Универзитета у Нишу
Keywords: normative theory of law; Constitution; basic norm; legal order

Summary/Abstract: In the opinion of Hans Kelsen's critics, the most sensitive issue in Kelsen's normative theory of law is the basic norm. It is considered to be the pivotal point where the entire normative theory is either sustained or falls apart. The author of this paper analyses the Constitution as the basic norm of the legal order by providing, in due course, a comparative analysis of the theoretical standpoints of the most eminent Serbian legal scholars and jurists: Slobodan Jovanovic, Dorde Tasic and Radomir Lukic.

  • Issue Year: XLVI/2005
  • Issue No: 46
  • Page Range: 230-242
  • Page Count: 14
  • Language: Serbian