Radbruch’s Formula revisited: The ‘Lex Injusta Non Est Lex’ Maxim in constitutional democracies

Radbruch’s Formula revisited: The ‘Lex Injusta Non Est Lex’ Maxim in constitutional democracies

According to German legal philosopher Gustav Radbruch, laws that are substantively unjust to an intolerable degree should not be regarded as legally valid, even if they were promulgated according to stipulated procedure. Radbruch’s Formula (as his position has been termed) contradicts the central te...

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Bibliographic Details
Main Author: TAN, Seow Hon
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2021
Subjects:
unjust laws
natural law theory
Radbruch
constitutional democracy
legal validity
subsidiarity
Constitutional Law
Jurisprudence
Online Access:https://ink.library.smu.edu.sg/sol_research/3808
https://ink.library.smu.edu.sg/context/sol_research/article/5766/viewcontent/RADBRUCH_s_FORMULA_REVISITED_av.pdf
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Institution: Singapore Management University
Language: English

Internet

https://ink.library.smu.edu.sg/sol_research/3808
https://ink.library.smu.edu.sg/context/sol_research/article/5766/viewcontent/RADBRUCH_s_FORMULA_REVISITED_av.pdf

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