Acceso usuarios
Ales Novak
This article has a twofold purpose. On the one hand, it traces the earliest developments of this concept. On the other, it argues that Leonid Pitamic played a crucial role in its development. The Grundnorm was originally conceived as part of positive law, but one unable to be grasped by legal cognition, as its determination is ultimately “a political question”. Pitamic suggested that a number of important changes to this understanding, e. g. that the Grundnorm should be conceived as standing outside of legal system or placing emphasis on the principle of effectiveness or suggesting that the Grundnorm has normative import (i. e. can be considered as Sollen). His contribution, the article argues, was vital for the formulation of Kelsen’s Grundnorm, which became his signature achievement.
