Critical Remarks on the Concept of Applicability as an Explanation of the Phenomenon of the Application of Irregular Legal Norms

Abstract

In this work I make some critical comments on the concept of applicability as explanation to the phenomenon of application of rules irregularly enacted. Even though it is a useful conceptual tool that explains some elements of legal systems, it omits a central feature that is necessary to thoroughly give account to the phenomenon I refer. Indeed, the production of effects by rules that might be interpreted as irregular is a phenomenon closely related to the institutional design of legal systems in relation with mechanisms that control the regular enactment of rules.