Title The guardian of the constitution : Hans Kelsen and Carl Schmitt on the limits of constitutional law / edited and translated by Lars Vinx

Published Cambridge, United Kingdom : Cambridge University Press, 2015

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Description 1 online resource (ix, 279 pages) Series Cambridge Studies in Constitutional Law ; no. 12 Cambridge studies in constitutional law ; no. 12. Contents 1. Kelsen on the nature and development of constitutional adjudication -- 2. The guardian of the constitution : Schmitt's argument against constitutional review -- 3. The guardian of the constitution : Schmitt on the pluralism and the president as the guardian of the constitution -- 4. Who ought to be the guardian of the constitution? : Kelsen's reply to Schmitt -- 5. Prussia contra Reich : Schmitt's closing statement in Leipzig -- 6. Kelsen on the judgment of the Staatsgerichtshof of 25 of October 1932 Summary "This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories"-- Provided by publisher "The aim of this series is to produce leading monographs in constitutional law. All areas of constitutional law and public law fall within the ambit of the series, including human rights and civil liberties law, administrative law, as well as constitutional theory and the history of constitutional law. A wide variety of scholarly approaches is encouraged, with the governing criterion being simply that the work is of interest to an international audience"-- Provided by publisher Bibliography Includes bibliographical references and index Subject Kelsen, Hans, 1881-1973 -- Correspondence Schmitt, Carl, 1888-1985 -- Correspondence Kelsen, Hans, 1881-1973 Schmitt, Carl, 1888-1985 Kelsen, Hans 1881-1973 Schmitt, Carl 1888-1985 Constitutional law -- Philosophy Executive power -- Germany LAW -- Constitutional. LAW -- Public. Constitutional law -- Philosophy Executive power Legitimitätsprinzip Staatsrecht Verfassungsrecht Germany Genre/Form Personal correspondence Briefsammlung. Form Electronic book Author Kelsen, Hans, 1881-1973, author. Schmitt, Carl, 1888-1985, author. Vinx, Lars, editor, translator. ISBN 9781316136256 1316136256 9781316248621 1316248623 1336051493 9781336051492

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