The Legal Rule Flashcards
Characteristic of the Legal Rule
- General
- Abstract
- Formal
- Positive
- Legitimate
- Forcible
- Effective
- Prescriptive
Why is the legal rule … GENERAL
It applies to an indefinite number of subjects
Why is the legal rule… ABSTRACT
It applies to an indefinite number of situations
Why is the legal rule … FORMAL
It must respect some requisites of form and must follow the procedures for its adoption and transparency as prescribed in another legal rule of an higher value.
Why is the legal rule… POSITIVE
It is the expression of a given political decision, taken by specific bodies or institutions, for the satisfaction of the general interests in a given historical moment.
Why is the legal rule… LEGITIMATE
It must be consistent with the limits and must be adopted by the competent authority as set in its legal source of legitimation of an higher value.
What is a FORCIBLE legal rule?
The formal capacity of the legal rule to produce its legal effects.
Why is an EFFECTIVE legal rule?
The practical capability of a legal rule to be legally enforced.
Why is the legal rule… PRESCRIPTIVE
It prescribes to do or not to do a behavior, reconnecting consequences for failure.