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Derogation in Legal Theory
Mikołaj Hermann
Abstract
The aim of the doctoral dissertation is both description and comparison of the most representative concepts of a derogation formulated in Polish and foreign literature by: Adolf Merkl, Hans Kelsen, Rudolf Thienel, Riccardo Guastini, Josep Aguiló Regla, Carlos Eduardo Alchourrón, Eugenio Bulygin, Leszek Nowak, Wieslaw Lang and Beata Kanarek. The analysis presented in the dissertation allows to answer a question about possible ways of perceiving derogation. The chosen concepts of derogation seem to be rather different than similar – a variety of solutions turns out to be mainly a consequence of disparate attitude of legal theoreticians to an issue of a temporal aspect of a legal norm. Apart from characterizing general assumptions accepted by the mentioned authors, the main task, carried out in the dissertation, is to settle, what is the object of a derogation, in which way it is performed, what effects it causes, in which moment these effects take place, if it is possible to cancel them and if a material derogation is a kind of a derogation, as well as to determine, what functions a derogatory provision fulfils and what connections exist between an act of creation and an act of repeal of a legal provision or a legal norm.- Record ID
- UAMb8036bacde9446a1af8057f7008c4053
- Diploma type
- Doctor of Philosophy
- Author
- Title in Polish
- Derogacja w analizach teoretycznoprawnych
- Title in English
- Derogation in Legal Theory
- Language
- pol (pl) Polish
- Certifying Unit
- Faculty of Law and Administration (SNs/WPriAd/FoLaA) [Not active]
- Discipline
- law / (law) / (social studies)
- Status
- Finished
- Year of creation
- 2010
- Start date
- 28-05-2010
- Defense Date
- 28-05-2010
- Title date
- 28-05-2010
- Supervisor
- URL
- http://hdl.handle.net/10593/385 Opening in a new tab
- Keywords in English
- Derogation; Repeal ; Validity
- Abstract in English
- The aim of the doctoral dissertation is both description and comparison of the most representative concepts of a derogation formulated in Polish and foreign literature by: Adolf Merkl, Hans Kelsen, Rudolf Thienel, Riccardo Guastini, Josep Aguiló Regla, Carlos Eduardo Alchourrón, Eugenio Bulygin, Leszek Nowak, Wieslaw Lang and Beata Kanarek. The analysis presented in the dissertation allows to answer a question about possible ways of perceiving derogation. The chosen concepts of derogation seem to be rather different than similar – a variety of solutions turns out to be mainly a consequence of disparate attitude of legal theoreticians to an issue of a temporal aspect of a legal norm. Apart from characterizing general assumptions accepted by the mentioned authors, the main task, carried out in the dissertation, is to settle, what is the object of a derogation, in which way it is performed, what effects it causes, in which moment these effects take place, if it is possible to cancel them and if a material derogation is a kind of a derogation, as well as to determine, what functions a derogatory provision fulfils and what connections exist between an act of creation and an act of repeal of a legal provision or a legal norm.
- Uniform Resource Identifier
- https://researchportal.amu.edu.pl/info/phd/UAMb8036bacde9446a1af8057f7008c4053/
- URN
urn:amu-prod:UAMb8036bacde9446a1af8057f7008c4053