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Power and Norm
• The constitution establishes the institutions that serve as authoritative sources of law and endow them with legislative power
• Back in the 19th century, the theory of legal positivism prevailed. The validity of any legal rule was questioned using POWER, whether they had legal power to do so.
• Pure Theory of Law, Kelsen H
o Legal Norm belongs to the legal order whose norms are created according to this basic norm.
o The basic norm determines the basic fact of law creation and may in this respect be described as the constitution in a logical sense of the word in contradistinction to the constitution in the meaning of positive law. The basic norm is presupposed starting point of a procedure of positive law creation
o All questions of validity in relation to legal order will point to a binding norm, which must be presupposed if we want to interpret:
 The acts performed according to it as the creation and application if valid general legal norms; and......

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Approximate Word Count: 2010
Approximate Pages: 9 (250 words per double-spaced page)

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