Grundnorm (the fundamental norm) is the foundation of any other norm in pure law theory with the degree structure, according to the thought of jurist Hans Kelsen; Grundnorm would therefore be valid as a valid condition.
The concept has been rejected by other scholars, for example by Danish Alf Ross and British Herbert Hart; the first well-known exponent of legal realism argued that the figure of a Grundnorm was unnecessary, since only referring to positive laws (that is, rules in full force), it was sufficient to circumscribe the recognition of legality only to the actual ordinances. The second, by bringing the case of his country, whose order has no written constitution, identified the problem of the regression endlessly, arguing that such a fundamental norm contained an indispensable requirement of cogency, with the result that the constitutional norms, which sometimes do not exist. Voices correlateemodify wikitesto Links externalize the wikitesto
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