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Scholars Journal of Arts, Humanities and Social Sciences | Volume-4 | Issue-09
Wrestling With Criteria of Legal Validity
Cyril Asuquo Etim
Published: Sept. 30, 2016 | 145 154
DOI: 10.36347/sjahss.2016.v04i09.025
Pages: 1172-1182
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Abstract
We speak of law as a system of norms for regulating human conduct in society. Diverse people see law as relative to cultures, and views concerning absence of a universal legal culture tend to eliminate the idea of ultimate criterion of legal validity. Notable attempts to do so have been swept under the carpet by sceptics. But we will construct such a criterion based on the constitution as articulating its necessary and sufficient conditions. This paper attempts to eclectify the relevant features of the criteria of legal validity of particular school of thought into a constitutional universal that takes its origin from society. The intention is to reconstruct and ultimate criterion of legal validity on the bases of a world constitution generated by the amalgamation of all constitutions of the world. The growth of contemporary world legal order inspires belief in the reality of international law, thus paving the way for a universal legal culture side by side a constitution that promote supremacy of the law and equality of all citizens of the world before the law. With a universal constitution in place we can correct distortions in particular constitutions that do not conform to the stability in the universal. We will agree that the laws of many nations of the world today are seeking update to the international ideal. The advantage of adopting this strategy is to straighten the rationality of law throughout the world and thereby checkmate tyrannical laws in contemporary societies – as another dimension to law reforms.