To Kelsen, a norm was valid if it ought to be obeyed, and it ought to

To Kelsen, a norm was valid if it ought to be obeyed, and it ought to

To Kelsen, a norm was valid if it ought to be obeyed, and it ought to

  • To Kelsen, a norm was valid if it ought to be obeyed, and it ought to
  • be obeyed if it was created as prescribed by a valid higher norm, which
  • ultimately was created as prescribed by the presupposed basic norm. A
  • norm was efficacious, however, if in practice it generally was obeyed: “Validity and efficacy are two completely distinct qualities; and yet there is a
  • certain connection between the two.” 5 One connection is that while a
  • single legal norm may be valid but not efficacious, a norm which remains
  • inefficacious becomes deprived of any validity by “desuetudo.”
  • “Desuetudo” is the negative legal effect of custom. “A norm may be annulled by custom, viz., by a custom contrary to the norm, as well as it
  • may be created by custom. ‘2’ Kelsen believed that any legal norm, in-
  • ‘ Kelsen, supra note 3, at 63. 00 PURE THEORY, supra note 1, at 201.
  • ” GENERAL THEORY, supra note 1, at 116.
  • ” PURE THEORY, supra note 1, at 200.
  • ” See GENERAL THEORY, supra note 1, at 394.
  • Id. at 396.
  • ” Kelsen, supra note 3, at 50.
  • , GENERAL THEORY, supra note 1, at 119. It is suggested that it would be more consistent
  • with Kelsen’s view of law as a coercive order to state that a norm is not deprived of its
  • KELSEN’S THEORY OF LAW
  • cluding a statutory norm, may lose its validity by desuetudo.27 This vulnerability would even exist in statutory norm which provides that statutes may not lose their validity by desuetudo.
  • A second correlation between validity and efficacy is that, although a
  • single norm may be valid but not efficacious, if the legal order itself loses
  • its efficacy, none of its norms remains valid, since its basic norm would no
  • longer be presupposed. This happens when there is a revolution, which “occurs whenever the legal order of a community is nullified and replaced
  • by a new order in an illegitimate way, that is in a way not prescribed by
  • the first order itself.”2 8 Usually, after a revolution, most of the legal order’s general norms remain in place. They are no longer valid, however,
  • for the same reason. A new basic norm is presupposed which validates the
CONSTITUTION OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA
To Kelsen, a norm was valid if it ought to be obeyed, and it ought to PPP Amendment Proclamation No 1283-2023

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