An Analysis of the Relations between Government
and Legal Order
Document Type : Research Paper
10.22099/jls.2013.1570
Abstract
This article first examines the structure in which legal norms are organized. Then, it deals with the relation between this structure and government, which is the creator of these norms. In other words, if as a consequence of the rule of law the government is limited with the legal norms, then how the legal system created by the government can limit it. Therefore, an attempt should be made to find the relation between legal norms and their structure (legal order) and also to find the relation between such legal order and government (as its creator) on one hand, and to find the relation between legal order and the model of government based on the rule of law, on the other. Accordingly, it seems that the duality of government and legal order, at least with regard to the public law, is inevitable. Considering their main nature, legal norms and their basis, including religious norms, are considerable matters, as far as their clearness and evaluability are concerned.
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