The Dynamic Order of Norms, Empowerment and Related Concepts

Abstract

`Authority', `competence' andother related concepts are determined on the basis ofthe concept of law as a dynamic order of norms. Thenorms which regulate the processes of norm creationestablish empowerments (Ermächtigungen). Thematerial domain of validity of the empowering norm iscalled `competence'. The concept of `person' inrelation to empowering norms yields the concepts of`organ' and `authority'. The spatial domain of thevalidity of these norms is the spatial or territorialjurisdiction. This paper analyses the basic norm andits legal functions; it considers the irregularity oflegal acts and norms, as well as the legalconsequences thereof, namely nullity and annulment.Additionally, the Kelsenian `Tacit AlternativeClause' is criticized and a possible solution to theproblem of irregular norms is offered through newdefinitions of the existence, validity and legitimacyof norms.