Chapter

Derogation: The Repeal of the Validity of a Norm by another Norm

Hans Kelsen

in General Theory of Norms

Published in print March 1991 | ISBN: 9780198252177
Published online March 2012 | e-ISBN: 9780191681363 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252177.003.0027
Derogation: The Repeal of the Validity of a Norm by another Norm

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The question of derogation is the question of the sphere of validity of norms, specifically the temporal sphere of validity, since derogation terminates the validity of a norm in time. Derogation concerns the validity of a norm and not the act of positing the norm. Only the former can be repealed; not the latter. Since a derogating norm is not concerned with behaviour, it cannot be observed and applied (as other norms can). And consequently, it cannot be violated either. Once it has fulfilled its function, that is, once the norm to which it relates has lost its validity, the derogating norm loses its validity with respect to the norm whose validity it repealed.

Keywords: derogation; norm validity; norm positing; behaviour; repeal of validity

Chapter.  4268 words. 

Subjects: Jurisprudence and Philosophy of Law

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