Abstract

http://ssrn.com/abstract=2181455
 


 



Natural Law and the Basic Norm of the Irish Constitution


Alan Greene


UCD

December 1, 2012

(2012) 30 (19) Irish Law Times 298-300

Abstract:     
This paper deals with the relationship between the basic norm of the Irish Constitution as conceived of by Hans Kelsen, and natural law. I argue that the basic norm of the Irish Constitution is 'one ought to obey the Irish constitution' and not 'one ought to obey the natural law'. I reach this conclusion by arguing firstly that the natural law cannot invalidate a provision of the Irish constitution and secondly one cannot conceptually describe the basic norm of a legal order as 'one ought to obey the natural law' as such would be repugnant to Kelsen's positivist conception of the legal order.

Keywords: Natural Law, Hans Kelsen, Basic Norm, Grundnorm, Irish Constitution, Jurisprudence, Constitutional Law, Pure Theory of Law, Positivism, Ireland, Public Law

Accepted Paper Series


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Date posted: November 29, 2012  

Suggested Citation

Greene, Alan, Natural Law and the Basic Norm of the Irish Constitution (December 1, 2012). (2012) 30 (19) Irish Law Times 298-300 . Available at SSRN: http://ssrn.com/abstract=2181455

Contact Information

Alan Greene (Contact Author)
UCD ( email )
Roebuck Castle
Belfield
Dublin 4
Ireland
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