| The Head Heeb: Kelsen's next test (1913 words) |
 | As a legal positivist, he believed that the ultimate basis of law was power, and that a legal system not backed by an effective system of enforcement wasn't really law at all. |
| Once a Grundnorm was effectively overthrown, then it ceased to exist, and all law emanated from the new one. |
| My other problem with Kelsen is that he takes a fundamentally civil-law view of courts as government functionaries, and fails to appreciate the degree to which common-law courts (and, to an increasing extent, constitutional courts in civil law countries) can be sources of power in their own right. |
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