What are the requirements for legal validity of a legislation in terms of the positivist theory of Hans Kelsen
According to Hans Kelsen's positivist theory, the requirements for legal validity of legislation are as follows:
1. Constitutionality: The legislation must be in accordance with the constitution of the relevant legal system. If a piece of legislation contradicts or violates the constitution, it is considered invalid.
2. Enactment by a competent authority: The legislation must be passed by a competent authority within the legal system. This could be a legislature, government body, or other authorized entity.
3. Proper form: The legislation must be properly drafted and enacted according to the procedures set out in the legal system. This includes considerations such as publication, notification, and ratification.
4. No conflict with higher norms: The legislation must not conflict with any higher norms within the legal system. This includes international law, treaties, and higher legal principles.
5. Clarity and certainty: The legislation must be clear and certain in its terms, so that individuals can understand and comply with the law.
Overall, under Hans Kelsen's positivist theory, legal validity is based on the hierarchy of norms and the correct process of enactment within a legal system.