General Legal Theory
This domain tests the analytical vocabulary of legal systems: norms, sources, hierarchy, validity, interpretation, and reasoning. It underpins every other domain.
Core rules
- A legal norm typically has a factual hypothesis, a command or disposition, and a consequence or sanction.
- Sources are hierarchical: constitution, ratified treaties, statutes, subordinate legislation, and general acts. Lower acts must conform to higher acts.
- Validity concerns lawful adoption and conformity; efficacy concerns actual application and social effect.
- Interpretation methods include literal, systematic, historical, teleological, and logical. They are combined, not chosen arbitrarily.
- Analogy fills gaps in civil and administrative law but is prohibited in criminal law and in provisions restricting rights.
- Retroactivity is generally prohibited; a more favourable criminal law may apply retroactively.
Worked example
A statute says vehicles are banned from a park. A bicycle is not a motor vehicle in ordinary usage, but the park's purpose is safety and peace. A systematic reading of the park regulation may include bicycles if the rule aims to prevent injury; a criminal prohibition would require clear wording and no analogy. The reasoning must state the method and the limits.
Traps
Lex specialis prevails over lex generalis; lex posterior does not always repeal lex specialis. Do not confuse nullity with voidability. Do not use teleology to override clear constitutional limits.