Vol 20 No 2 (2020)
Democracy, Rights, Normative Systems

Critical Remarks on the Concept of Applicability as an Explanation of the Phenomenon of the Application of Irregular Legal Norms

Marcela Chahuán Zedan
Universidad Adolfo Ibáñez
Published December 22, 2020
Keywords
  • applicability,
  • validity,
  • irregular norms

Abstract

In this work I make some critical comments on the concept of applicability as explanation to the phenomenon of application of rules irregularly enacted. Even though it is a useful conceptual tool that explains some elements of legal systems, it omits a central feature that is necessary to thoroughly give account to the phenomenon I refer. Indeed, the production of effects by rules that might be interpreted as irregular is a phenomenon closely related to the institutional design of legal systems in relation with mechanisms that control the regular enactment of rules.