Norma podstawowa w Czystej Teorii Prawa Hansa Kelsena

Marta Zuzanna Huk

The aim of following paper is to indicate that the notion of Grundnorm, website like this described by Hans Kelsen in second edition of his Pure Theory of Law (Kelsen, medicine 1960), is in fact a necessity in every construction of normative order ? understood as a coercive design. I attempt to prove this point by explaining how Kelsen as the founder of legal normativism is making a clear distinction between effectiveness and validity of basic norm, in context of existing legal order. This leads to me to a conclusion, that as long as we presuppose law as methodologically autonomous concecpt, the Grundnorm must be regarded as its integral conditio sine qua non.

Keywords: Hans Kelsen, Pure Theory of Law, Grundnorm, effectiveness of basic norm, validity of basic norm
Doi: 10.14746/eip.2015.1.14