Meaning and Concept of Grundnorm
Grundnorm is a fundamental concept propounded by Hans Kelsen in his Pure Theory of Law. The term Grundnorm means “basic norm” or “foundational norm.” It is the ultimate source of validity for all laws within a legal system. According to Kelsen, every legal rule derives its authority from a higher rule, and this chain of validity ultimately rests on a basic norm which is assumed, not enacted. The Grundnorm answers the question “Why should this law be obeyed?” and provides legitimacy to the entire legal structure.
Grundnorm and Hierarchy of Norms
Kelsen viewed law as a hierarchical system of norms, where each lower norm gets its validity from a higher norm. For example, rules derive validity from statutes, statutes from the Constitution, and the Constitution from the Grundnorm. In India, the Constitution of India functions as the supreme legal document, and its authority is based on the presupposed Grundnorm that “the Constitution ought to be obeyed.” Thus, the Grundnorm ensures unity, coherence, and systematic structure of the legal order.
Legal Significance and Criticism
The concept of Grundnorm is significant because it explains the binding force of law without relying on morality, religion, or political ideology. It supports legal positivism by separating law from ethics. However, critics argue that Grundnorm is a fiction or hypothesis, lacking empirical proof. Others question why one Grundnorm should be accepted over another. Despite criticism, the concept remains influential in constitutional theory and legal philosophy.
Real-Time Illustration
A real-time example of Grundnorm can be seen during a constitutional transition. When a new constitution is adopted after a revolution, courts begin to accept the new legal order as valid. The Grundnorm shifts to “the new Constitution ought to be obeyed.” This acceptance validates all future laws under the new system, demonstrating the practical operation of Grundnorm.
Mnemonic for Easy Recall
A helpful mnemonic to remember Grundnorm is “BASIC”.
B – Basic norm
A – Assumed authority
S – Source of validity
I – Independent of morality
C – Constitutional foundation
About lawgnan
Grundnorm is a core topic in jurisprudence and constitutional theory, frequently asked in LLB and judicial service examinations. A clear understanding of Kelsen’s theory helps in answering analytical and conceptual questions effectively. For more exam-oriented jurisprudence topics explained with juristic theories, constitutional relevance, real-life illustrations, and easy mnemonics, visit lawgana.in. Strengthen your jurisprudence preparation by exploring lawgana.in today.
