On the concept of applicability as an explanation to the phenomenon of the application of irregular legal rules. Some critical observations

Abstract

The object of this work is a critical analysis of the concept of applicability as an answer to the application of legal rules irregularly enacted. I will assert that, even it is a useful conceptual tool to explain some elements of legal systems, it lacks explanatory effectiveness enough to give a thorough account of the phenomenon I refer. The reason is that the concept of applicability overlooks the connection between legal effects arising out of rules that might be interpreted as irregulars and the institutional design of legal systems in relation to the mechanisms that control the regular enactment of legal rules. I consider this issue to be crucial to the analysis of this matter.