ABSTRACT

Lawyers usually see law through the lens of Kelsen’s hierarchy of norms, in which superior and inferior norms are distinguished, with the latter seen as being necessarily consistent with the former. Increasingly, however, legal transformations argue for thinking outside of Kelsen’s model. Lawyers have become more inclined to speak in terms of norm transfer and diffusion. With the development of European and international law as well as the emergence of such notions as legal transplant, transnational law, legal pluralism and constitutional pluralism, legal scholarship tends to see normative action as a process of circulation from one legal system to another.