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The aim of this article is to show that, in order to provide an adequate explanation of the legal competence norms, it is neither necessary nor convenient to consider that they are constitutive rules. In the first and second part of the text, two different strategies that law theorists have used to explain these norms in terms of the notion of constitutive rule are critically analyzed, highlighting why none of them are adequate. The third part of the text introduces the basis for an explanation which, by dispensing with the notion of constitutive rule, is more appropriate to elucidate the legal norms of competence and to distinguish them from the norms regulating the exercise of competence which I call legal norms about competence.

Normas de competencia y normas acerca de la competencia. Eludiendo las reglas constitutivas