Knowledge base: Adam Mickiewicz University

Settings and your account

Back

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
Sławomira Wronkowska-Jaśkiewicz Sławomira Wronkowska-Jaśkiewicz,, Wydział Prawa i Administracji [nowa struktura organizacyjna] (SNs/WPriAd)Szkoła Nauk Społecznych [nowa struktura organizacyjna] (SNs)
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

Confirmation
Are you sure?
Report incorrect data on this page
clipboard