Revolution in Domestic and International Legal Orders: Some Reflexions on the Stability of Legal Orders
Abstract
In this brief study we would like to deal with one of
the fundamental aspects of legal theory. Much has been
written about the nature and legal implicaHons of revolution in domestic law. Our intention is surely not to sum up
those theories, or even less to make a critical appraisaL.
None the less, short developments of the topic are needed
in order to pave the way for a comparaison with the revolutionary process in international legal order. Contrary to
revolution in domestic law, to our knowledge, there is hardly
a study dedicated to the concept of revolution in international law. The reason of this paucity lies perhaps in the
very nature of the international legal order, the structures
of which do not seem, at first sight, to square with the
concept of revolution. However, revalutian is inherent to
any legal order and there is no reason to ignore it with
respect to the law of nations.
By comparing the revolutionary process in domestic
and in international law, one cannot but ascertain some
obviousnesses stemming from differences of structure between the two legal orders. But, the comparison may reveal
some other interesting points as to the respective stability
and effectiveness of the municipal lawand the law of nations. That is the purpose of our study
Revolution in Domestic and International Legal Orders: Some Reflexions on the Stability of Legal Orders
Abstract
In this brief study we would like to deal with one of
the fundamental aspects of legal theory. Much has been
written about the nature and legal implicaHons of revolution in domestic law. Our intention is surely not to sum up
those theories, or even less to make a critical appraisaL.
None the less, short developments of the topic are needed
in order to pave the way for a comparaison with the revolutionary process in international legal order. Contrary to
revolution in domestic law, to our knowledge, there is hardly
a study dedicated to the concept of revolution in international law. The reason of this paucity lies perhaps in the
very nature of the international legal order, the structures
of which do not seem, at first sight, to square with the
concept of revolution. However, revalutian is inherent to
any legal order and there is no reason to ignore it with
respect to the law of nations.
By comparing the revolutionary process in domestic
and in international law, one cannot but ascertain some
obviousnesses stemming from differences of structure between the two legal orders. But, the comparison may reveal
some other interesting points as to the respective stability
and effectiveness of the municipal lawand the law of nations. That is the purpose of our study
Details
| Primary Language | English |
|---|---|
| Subjects | Political Science |
| Journal Section | Research Article |
| Authors | |
| Publication Date | May 1, 1980 |
| Published in Issue | Year 1980 |