Guidelines For Analysis Of Rules

Páginas: 3 (660 palabras) Publicado: 12 de junio de 2012
How to analyze regulations:

1. Does it have normative value? Are we obliged to observe the rules therein contained? Is it , or are they part of a legal system or any other regulatory system?If so which?
2. If normative value is not present what ohter value can you assign to the text? Does it contribute to the substance of any legal system? Can it be a material source of law? Describebriefly its relevance. Does it inspire the system or its interpretation? Should we take into account rules like these to advance, to develop, to interpret or to apply legal rules?
3. If you haveassigned to the regulation a normative value, then show the structure of the norm: a hypothesis and a consequence. Classify it according to
a. The hierarchy of laws and
b. Its connection to ourlegal system.
The context we are using for this exercise is the Estonian national legal system
4. Take all the regulations of the exercise and organize them according to their level of importance.You need to consult again materials of the hierarchy of rules.

Example:
- From the Universal declaration of Human rights
Article 17
(1) Everyone has the right to own property alone as well as inassociation with others.
(2)No one shall be arbitrarily deprived of his property.
First assessment: It has legal normative value because it belongs to the International legal system. It is not amatter of uses or comity and even if it has a background on moral values and natural laws it has also been enacted and constitutes universal law. This provision concerns human rigthts. Formally it hasbeen agreed upon, and the instrument has been protocolized, additionally regardless of its acceptance by states, it can be imposed to all. We explained this caracteristic of fundamental rigths.
Secondstep: This provisions imply or incorporate a responsibility of states. States have to guarantee and protect these rights and this is part of the normative structure. In the preamble, some sentences...
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