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| Version | Summary | Created by | Modification | Content Size | Created at | Operation |
|---|---|---|---|---|---|---|
| 1 | Vivi Li | -- | 1819 | 2022-10-11 01:31:30 |
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Legal norms are binding rules, or norms, of conduct that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authority issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide to, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, that regulates the conduct of people, and generality, which are binding for the indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding for them, such as soldiers and public officials. In a legal sense, retro-activity refers to a law that impairs or invalidates the vested rights of an individual acquired under existing laws by creating new obligations to considerations that have been pre-established. Legal norms can either classify under true retro-activity, where norms influence the legal relations that have existed before its effect, or pseudo retro-activity, referring to how the validity of old legal relations can be influenced by derogated norms. Legal norms become validated from the moment it is published as part of legal order and become in effect from the moment it binds the subjects of the law. The Latin phrase, ‘vacatio legis’ refers to the period of time between a legal norm’s validity and effect. As the validity of a legal norm is limited from the moment of its adoption by legal institutions, a lapse of time can cause its termination. Legal norms can either be terminated by explicit derogation by the competent state authority, or through automatic derogation whereby the authoritative organisation adopts a new normative act that regulates the same relations, effectively replacing the old one.
References
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- Kelsen, Hans (1991-03-07), "Legal Norms and Legal Principles: Esser's Transformation Theory", General Theory of Norms, Oxford University Press, pp. 115–122, doi:10.1093/acprof:oso/9780198252177.003.0028, ISBN 9780198252177 https://dx.doi.org/10.1093%2Facprof%3Aoso%2F9780198252177.003.0028
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- Kelsen, Hans; Hartney, Michael (1991-03-07). General Theory of Norms. Oxford University Press. doi:10.1093/acprof:oso/9780198252177.003.0001. ISBN 9780198252177. http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780198252177.001.0001/acprof-9780198252177.
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