Kelsen’s Grund norm is similar to Prof. H.L.A. Hart’s rule :
Rule of recognition
Hans Kelsen's Pure Theory of Law arranges legal norms in a hierarchy, each norm deriving validity from a higher one, ending in the Grundnorm (basic norm) – the presupposed ultimate norm from which the validity of the whole legal system flows.
H.L.A. Hart, in The Concept of Law (1961), divides secondary rules into rules of recognition, change and adjudication. The rule of recognition supplies the criteria for identifying which rules are valid law in a system; it is the ultimate rule of validity, which is why it is compared with Kelsen's Grundnorm.
The rule of change only empowers the creation or repeal of primary rules, and the rule of adjudication only empowers officials to decide whether a rule has been broken; neither is the ultimate source of validity.
Hence, the answer is Rule of recognition.
Similar Questions
The most fundamental philosophical assumption of legal positivism is :
'A law is a general rule of human action, taking cognizance only of external acts, enforced by a determinate authority'. Who said this ?
Fiction theory is supported by :
'Animus Possidendi' means :
Law Commission of India recommended that adultery shall not be considered as a crime therefore shall be deleted from IPC, 1860. This recommendation is based on :
Match the following jural correlative : List I (a) Right (b) Privilege (c) Power (d) Immunity List II (i) Liability (ii) Duty (iii) Disability (iv) No Right (a) (b) (c) (d)
The doctrine of mens rea as a running thread in the form of :
Who among the following divided the sources of law into formal sources and material sources ?
In which of the following cases Supreme Court of India laid down the principle that Article 136 is not a regular form of appeal at all ?
Which of the statement is incorrect with regard to the law making power ?
Important Questions from Mixed Topic (MH-SET)
.................... is a client server application that identifies each host on the internet with a unique user-friendly name.
Every OS has a ................ or .......... which primarily resides in the main memory of the computer to perform some of the basic functions of the OS.
(i) Kernel
(ii) Interface
(iii) Nucleus
(iv) Compiler
Codes:
Which of the following are referred to as low level language?
(i) Machine language
(ii) Assembly language
(iii) High level language
(iv) Natural language
Codes:
Match the following:
List I List II (a) New York Public Library (i) Shelv AR (b) Miami University Augmented Research Group (ii) Smart library (c) Oula University Library (iii) Wolf Walk (d) North Carolina State University (iv) Find the future Codes:
Which part of the QR code represents the encoded data?
